Cameron Harris v. HHS - Tdap, Guillain-Barre Syndrome (GBS) (2023)
Case summary [AI summaries can sometimes make mistakes]
On June 29, 2018, Cameron Harris, through his mother Tracey Harris, filed a petition under the National Childhood Vaccine Injury Act. The petition alleged that Cameron Harris, who was approximately 11.5 years old, suffered Guillain-Barre Syndrome (GBS), specifically the Miller Fisher variant, as a result of receiving Tdap and meningococcal vaccines on July 8, 2015.
The respondent is the Secretary of Health and Human Services. The petitioner's mother recalled that on July 9, 2015, Cameron experienced unusual tiredness and drooping of his left eyelid, followed by tingling and numbness in his extremities, and difficulty walking.
He presented to the emergency department that evening. His condition worsened, leading to hospitalization from July 10 to July 27, 2015, during which he was diagnosed with GBS and required intubation.
Medical records indicated a positive throat culture for Streptococcus pyogenes. Petitioner's treating physicians and experts attributed his GBS to the Tdap vaccination.
The respondent initially contested causation, arguing the onset timing was too short and that a streptococcal infection was a more plausible cause. After extensive expert review and legal proceedings, Special Master Daniel T.
Horner issued a ruling on entitlement on February 21, 2023, finding Cameron Harris entitled to compensation for GBS caused by the Tdap vaccination. This was an off-Table claim, meaning causation had to be proven.
On September 19, 2023, a decision awarding damages was issued. Cameron Harris was awarded a total of $186,946.61, comprising a lump sum of $177,500.00 for pain and suffering and a lump sum of $9,446.61 for past unreimbursable expenses, which was payable to Cameron Harris and his mother, Tracey Harris.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Christine M. Becer of the U.S.
Department of Justice.
Theory of causation
Petitioner Cameron Harris, approximately 11.5 years old, received Tdap and meningococcal vaccines on July 8, 2015. Within approximately 24 hours, he developed symptoms of GBS, including ptosis, tingling, numbness, and weakness, leading to hospitalization and diagnosis of GBS, Miller Fisher variant. This was an off-Table claim. Petitioner's experts, neurologist Yuval Shafrir, M.D., and immunologist Omid Akbari, Ph.D., opined that the Tdap vaccine caused the GBS through mechanisms including molecular mimicry and innate immune system activation, citing case reports, vaccine package inserts, and IOM reports, particularly the 1994 IOM report which favored a causal relationship between tetanus toxoid and GBS. Respondent's experts, neurologist Leslie Benson, M.D., and immunologist Craig Platt, M.D., Ph.D., argued against causation, citing the lack of strong epidemiological evidence, the atypical rapid onset (less than 24 hours), and the possibility of a streptococcal infection as a more plausible trigger. Special Master Daniel T. Horner found that petitioner established causation by a preponderance of the evidence, concluding that the Tdap vaccine caused petitioner's GBS. The Special Master found the 1994 IOM report persuasive, that petitioner's experts provided sound and reliable theories, and that the rapid onset, while atypical, was medically acceptable given the evidence of immune memory and innate immune system involvement. Respondent did not meet the burden of proving an unrelated cause. On September 19, 2023, Cameron Harris was awarded $186,946.61 ($177,500.00 for pain and suffering and $9,446.61 for past unreimbursable expenses). Attorneys: Petitioner - Ronald Craig Homer; Respondent - Christine M. Becer. Special Master: Daniel T. Horner.
Source PDFs
USCOURTS-cofc-1_18-vv-00944