Richard McConnell v. HHS - Pneumococcal, Guillain-Barré syndrome (2022)

Richard McConnell, a 78-year-old retiree, received the Prevnar 13 vaccine on August 1, 2016. He claims this vaccine caused him to develop Guillain-Barré syndrome (GBS).

Mr. McConnell experienced leg weakness and difficulty walking starting around September 14, 2016, 44 days after his vaccination.

His initial treating physicians, including neurologist Dr. Elmore and primary care physician Dr.

Cramer, supported a diagnosis of GBS. However, later treating neurologists, Dr.

Syal and Dr. Sivakumar, questioned this diagnosis, with Dr.

Sivakumar suggesting transverse myelitis as a more likely condition. The court found that Mr.

McConnell did establish that he suffered from GBS, despite some atypical presentations like asymmetrical weakness. The primary issue was causation.

Mr. McConnell's expert, Dr.

Nahm, proposed molecular mimicry as the mechanism, suggesting similarities between vaccine components and nerve proteins. However, the court found this theory lacked specificity, as Dr.

Nahm did not identify any vaccine components that share homology with anti-ganglioside antibodies, a known trigger for GBS. The court also found the supporting literature insufficient.

Because Mr. McConnell failed to establish a sound and reliable medical theory connecting the Prevnar 13 vaccine to GBS (Althen prong one), and consequently failed to establish a logical sequence of cause and effect (Althen prong two), his petition was denied.

The court noted that while the timing of symptom onset (44 days) might be acceptable in other contexts, it could not overcome the failure to prove causation. Therefore, Mr.

McConnell was not compensated.