Raymond Bielak v. HHS - Pneumococcal, Guillain-Barré syndrome (2022)

Filed 2018-05-31Decided 2022-12-09Vaccine Pneumococcal
denied

Case summary [AI summaries can sometimes make mistakes]

On May 31, 2018, Raymond Bielak filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that the pneumococcal vaccine (Prevnar-13) he received on September 22, 2015, caused him to develop Guillain-Barré syndrome (GBS). Mr.

Bielak was 65 years old at the time of vaccination. He reported experiencing malaise, myalgia, and fatigue approximately two weeks after vaccination, followed by numbness and tingling in his hands and feet.

Medical evaluations confirmed absent reflexes and a diagnosis of GBS. Petitioner's experts, neurologist Sami Khella, M.D., and immunologist Marc Serota, M.S., M.D., Ph.D., opined that the pneumococcal vaccine could cause GBS through molecular mimicry, suggesting that components of the vaccine's antigens mimic structures in the nerve myelin, leading to an autoimmune attack.

Dr. Khella focused on phospholipids in the myelin and the vaccine's phosphoglycerol component, while Dr.

Serota proposed that antibodies generated against the vaccine's carbohydrate structures could interact with lipid/sugar structures on the myelin sheaths. Respondent's experts, neuroimmunologist Robert Fujinami, Ph.D., and neurologist Dara Jamieson, M.D., countered that the scientific evidence did not support a causal link between the pneumococcal vaccine and GBS.

Dr. Fujinami, a pioneer in molecular mimicry theory, argued that the vaccine's mechanism and composition differ significantly from those associated with GBS, and that the proposed antibodies are likely a result, not a cause, of nerve damage.

Dr. Jamieson emphasized the lack of epidemiological evidence and questioned the severity and direct causation of Mr.

Bielak's GBS, noting his significant pre-existing medical conditions. The court reviewed extensive medical literature and expert testimony during a two-day entitlement hearing held from April 12-13, 2022.

Ultimately, Chief Special Master Brian H. Corcoran found that Petitioner failed to establish by a preponderance of the evidence that the pneumococcal vaccine can cause GBS, particularly noting the lack of robust scientific support for the proposed mechanism and the distinction from the flu vaccine-GBS association.

The court also found insufficient evidence to establish that the vaccine did cause Mr. Bielak's GBS.

Therefore, the petition for entitlement was denied. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, P.A., and Respondent was represented by Ronalda Elnetta Kosh of the U.S.

Department of Justice.

Experts named in this decision

Petitioner: Khella · Respondent: Jamieson expert scorecard →

Source PDFs 2 total · 2 downloaded