William Bartoszek v. HHS - Prevnar 13, Guillain-Barré Syndrome (2025)

On September 14, 2017, William Bartoszek filed a petition alleging that he suffered Guillain-Barré Syndrome (GBS) caused by a Prevnar 13 vaccine he received on July 13, 2016. Mr.

Bartoszek, who was 73 years old at the time of vaccination, had a significant medical history including ischemic cardiomyopathy, coronary artery disease, congestive heart failure, hypertension, diabetes mellitus, and other conditions. Approximately three weeks after vaccination, on August 5, 2016, he presented with acute back pain, numbness, and tingling in his extremities, which progressed to weakness.

He was diagnosed with GBS and treated with intravenous immunoglobulin (IVIg), showing improvement over time. The case proceeded as an off-Table claim, requiring proof of causation-in-fact.

Petitioner presented expert opinions from Dr. Kazim Sheikh and Dr.

Lawrence Steinman, arguing for molecular mimicry between vaccine components and myelin tissue. Respondent presented expert opinions from Dr.

Ross Kedl and Dr. Brian Callaghan, who contended that infection was a more likely cause and that the molecular mimicry theory was unpersuasive, although Dr.

Callaghan ultimately conceded that Mr. Bartoszek likely suffered from GBS.

After extensive expert reports and legal arguments, and a decision to proceed on the written record in lieu of a hearing, Special Master Daniel T. Horner issued a ruling on entitlement on August 27, 2024, finding that petitioner's theory of causation, particularly Dr.

Steinman's phosphoglycerol theory, was sound and reliable, satisfying the Althen prong one. The Special Master found that petitioner had preponderantly proven a logical sequence of cause and effect (Althen prong two) and a proximate temporal relationship (Althen prong three).

Respondent did not offer evidence of an unrelated cause. On March 4, 2025, a decision awarding damages was issued.

William Bartoszek was awarded $135,938.14, comprising $135,000.00 for pain and suffering and $938.14 for unreimbursable expenses. Petitioner was represented by Anne Carrion Toale of Maglio Christopher and Toale, PA (later MCTLaw), and respondent was represented by Neil Bhargava of the U.S.

Department of Justice. Special Master Daniel T.

Horner presided over the case.