Carolyn Pierson v. HHS - Pneumococcal, Guillain-Barre Syndrome (GBS) (2022)
Case summary [AI summaries can sometimes make mistakes]
On August 23, 2017, Carolyn Pierson filed a petition alleging that a pneumococcal conjugate (Prevnar 13) vaccine administered on January 6, 2015, caused her to develop Guillain-Barre Syndrome (GBS). Initially, the petition alleged an influenza vaccine administered on September 30, 2014, caused the GBS.
The petition was later amended to allege the Prevnar 13 vaccine was the cause. Following an entitlement hearing and extensive expert review, Special Master Daniel T.
Horner issued a ruling on January 19, 2022, finding that petitioner was entitled to compensation. The ruling detailed petitioner's medical history, including pre-existing conditions and the onset of symptoms such as cough, congestion, tingling, weakness, and back pain, which progressed to a diagnosis of GBS.
The decision extensively discussed the competing expert opinions of Dr. Lawrence Steinman for the petitioner and Dr.
Thomas P. Leist for the respondent regarding the theory of molecular mimicry and alternative causes for GBS.
Special Master Horner found that Dr. Steinman's theory of molecular mimicry, specifically involving phosphoglycerol in the vaccine and its cross-reaction with phospholipids in the myelin sheath, was sufficiently supported by medical literature and the petitioner's medical records to establish causation.
The Special Master also found that the temporal relationship between the vaccination and the onset of symptoms was proximate, with symptoms of weakness and neuropathic pain appearing by late February to early March 2015, within the medically acceptable timeframe following vaccination. The respondent's arguments regarding alternative causes, such as infection, were found not to preponderantly exclude the vaccine as a substantial factor.
On May 3, 2022, the parties filed a proffer on the award of compensation. On May 31, 2022, Special Master Horner issued a decision awarding Carolyn Pierson $155,000.00 in pain and suffering, paid as a lump sum.
Petitioner was represented by Jeffrey S. Pop of Jeffrey S.
Pop & Associates, and respondent was represented by Austin Joel Egan of the U.S. Department of Justice.
Theory of causation
Petitioner Carolyn Pierson alleged that the Prevnar 13 vaccine administered on January 6, 2015, caused her Guillain-Barre Syndrome (GBS). The theory of causation, as presented by petitioner's expert Dr. Lawrence Steinman, involved molecular mimicry, specifically proposing that phosphoglycerol, a component of the Prevnar 13 vaccine, could trigger an autoimmune response cross-reactive with phospholipids in the myelin sheath, leading to GBS. Dr. Steinman also proposed a secondary theory involving the CRM197 protein conjugate. Respondent's expert, Dr. Thomas P. Leist, argued against a causal link, citing a lack of established association between Prevnar 13 and GBS, and suggesting alternative causes such as infection or pre-existing conditions like carpal tunnel syndrome. Dr. Leist also contended that the onset of petitioner's symptoms occurred outside the typical window for vaccine-related GBS. Special Master Daniel T. Horner found that Dr. Steinman's phosphoglycerol theory of molecular mimicry was supported by medical literature (Gilburd et al., Ho et al., Nakos et al.) and the petitioner's medical records, establishing a plausible medical theory (Althen prong one). The Special Master also found a proximate temporal relationship, with symptoms of weakness and neuropathic pain appearing by late February to early March 2015, within the 56-day window supported by Dr. Steinman, thus satisfying Althen prongs two and three. The Special Master concluded that petitioner had met her burden of proof by a preponderance of the evidence, and the respondent had not demonstrated that an alternative cause was the sole cause of the injury. Petitioner was awarded $155,000.00 for pain and suffering.
Source PDFs
USCOURTS-cofc-1_17-vv-01136