Linda L. Chervenok v. HHS - Influenza, Guillain-Barré Syndrome (2026)

Linda Chervenok received an influenza vaccination on October 21, 2015. She alleged that she developed Guillain-Barré Syndrome (GBS) approximately 24 hours after the vaccination.

Because her onset occurred outside the Vaccine Injury Table's timeframe for GBS following an influenza vaccine, she had to prove causation-in-fact under the Althen test. Her estate representative was substituted as petitioner after her passing.

The primary issue was whether the 24-hour onset was a medically acceptable temporal relationship for GBS caused by the flu vaccine, given the theory of molecular mimicry. Petitioner's expert, Dr.

Steinman, argued that a rapid immune response, including recall responses, plasmablasts, IL-6 stimulation, and preexisting antibodies, could lead to GBS within 24 hours. Respondent's expert, Dr.

Whitton, argued that such a rapid onset was biologically implausible, as adaptive immune responses typically take longer to develop. The court found Dr.

Whitton's explanation persuasive and concluded that the petitioner had not met her burden of proof under the third prong of the Althen test. The court noted that while some studies showed cases occurring within the first few days, they did not establish a causal link for a 24-hour onset, and the petitioner's expert's theories were not sufficiently supported by the evidence to overcome the generally accepted understanding of immune response timing.

Therefore, the petition was denied.