Christopher Brown v. HHS - Pneumococcal, Guillain-Barré Syndrome (“GBS”) (2025)

On July 23, 2018, Christopher Brown filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a pneumococcal conjugate (Prevnar 13) vaccine administered on August 18, 2015, caused him to develop peripheral neuropathy and Guillain-Barré Syndrome (GBS). Respondent argued against compensation.

Special Master Nora Beth Dorsey issued a ruling on entitlement on July 18, 2025, finding that Mr. Brown had provided preponderant evidence that the Prevnar 13 vaccine caused his GBS and peripheral neuropathy, satisfying the requirements for an off-Table claim.

Petitioner was found entitled to compensation, with damages to be determined separately. The Special Master also denied Petitioner's motion to strike a supplemental expert report from Dr.

Marc Serota due to plagiarism, but stated that neither of Dr. Serota's reports would be considered in the adjudication due to credibility concerns.

Mr. Brown, born September 29, 1955, received the Prevnar 13 vaccine at age 59.

His medical history included gastroesophageal reflux disease, essential hypertension, mixed hyperlipidemia, impaired fasting glucose, and degenerative spondylolisthesis. He had no prior history of neurological or demyelinating conditions.

On October 8, 2015, he received a flu vaccine. Four days later, on October 12, 2015, he presented with tingling sensations, diagnosed as sensory symptoms with sensory impairment.

His laboratory workup showed elevated blood glucose and HgbA1c, indicating an increased risk for diabetes. On November 3, 2015, he presented to the emergency department with numbness in his feet and hands, which had progressed upwards.

He was diagnosed with peripheral neuropathy and started on Gabapentin. Neurological examination revealed symmetric weakness of feet and diminished reflexes.

Electromyography/nerve conduction studies (EMG/NCS) were consistent with acute inflammatory demyelinating polyradiculoneuropathy (AIDP), a variant of GBS. He was admitted to the hospital on November 7, 2015, for GBS treatment, receiving intravenous immune globulin (IVIG).

His discharge diagnosis was GBS, with peripheral neuropathy attributed to GBS. His treating providers documented an allergy to the pneumonia vaccine.

Follow-up visits with his PCP and neurologist noted ongoing symptoms consistent with GBS recovery. Petitioner's expert, Dr.

Kazim A. Sheikh, opined that Mr.

Brown's condition was consistent with AIDP/GBS and that the Prevnar 13 vaccine more likely than not triggered his GBS, proposing molecular mimicry as the mechanism. Dr.

Sheikh detailed theories involving cross-reactivity between pneumococcal capsular polysaccharides and galactocerebroside in peripheral nerves, and between CRM197 in the vaccine and myelin protein P0. He also suggested adjuvant-induced inflammation.

Respondent's experts, Dr. Timothy Vartanian and Dr.

Thomas P. Leist, disagreed on causation.

Dr. Vartanian agreed with the GBS diagnosis but questioned the causal link to the vaccine, citing a lack of epidemiological evidence for pneumococcal vaccines causing GBS.

Dr. Leist questioned the GBS diagnosis itself, arguing Mr.

Brown did not meet the Brighton criteria, and also disputed causation, stating there was no literature showing Streptococcus pneumoniae infection causes GBS and thus the vaccine would not. Dr.

Leist also proposed alternative causes for Mr. Brown's neuropathy, including prediabetes, hyperuricemia, and statin use, and argued the symptom onset was outside the typical timeframe for vaccine causation.

Special Master Dorsey found that Mr. Brown's peripheral neuropathy was due to GBS, agreeing with Dr.

Sheikh and Dr. Vartanian, and finding Dr.

Leist's arguments against the diagnosis unpersuasive, particularly regarding the prediabetic status. Regarding causation, the Special Master found Dr.

Sheikh's theory of molecular mimicry to be sound and reliable, supported by peer-reviewed literature, and that Respondent did not offer a responsive expert opinion to refute it. The Special Master found a logical sequence of cause and effect, noting the absence of alternative causes supported by evidence and the opinions of Mr.

Brown's treating physicians linking the vaccine to his symptoms. The Special Master also found a proximate temporal relationship, determining that the onset of symptoms between October 1-5, 2015, was within an acceptable timeframe (44-48 days post-vaccination) for vaccine causation, particularly given the molecular mimicry mechanism.

Petitioner was represented by Jessica Anne Olins of mctlaw. Respondent was represented by Katherine Carr Esposito of the U.S.

Department of Justice. The decision was issued by Special Master Nora Beth Dorsey.

Damages were resolved after entitlement. In a proffer decision filed September 30, 2025, Special Master Dorsey awarded Mr.

Brown $100,611.43, consisting of $100,000.00 for pain and suffering and $611.43 for past unreimbursable expenses.