Jeffrey Cooper v. HHS - Pneumococcal, Guillain-Barré Syndrome (2024)

Jeffrey Cooper filed a petition alleging that his June 29, 2017, pneumococcal vaccine caused Guillain-Barré Syndrome (GBS). The case proceeded as an off-Table claim, as GBS is not a Table injury for the pneumococcal vaccine.

Mr. Cooper's initial symptoms of progressive muscle cramping, tingling, and weakness began around August 31, 2017, approximately 60 days after vaccination, leading to his hospitalization on September 4, 2017.

Medical records documented findings consistent with GBS, including reduced reflexes and elevated CSF protein. He received treatment with IVIG and underwent rehabilitation.

Both parties presented expert testimony regarding causation. Petitioner's expert, Dr.

Norman Latov, opined that the Prevnar 13 vaccine could cause GBS through molecular mimicry, citing studies on vaccine-induced autoimmune responses and the presence of phosphoglycerol groups in the vaccine and myelin tissue. Respondent's expert, Dr.

Brian Callaghan, argued that the evidence was insufficient to establish a causal link, citing a lack of direct epidemiological data and questioning the proposed mechanisms. The Special Master found Dr.

Latov's theory to be sound and reliable, satisfying the first Althen prong. Regarding temporal proximity, the Special Master noted that the 60-day onset was at the edge of the accepted timeframe and, supported by the admitting physician's opinion, satisfied the third Althen prong.

The logical sequence of cause and effect was also established, with other potential causes ruled out. On March 12, 2024, the court issued a Ruling on Entitlement finding Mr.

Cooper entitled to compensation. Subsequently, on July 29, 2024, the parties filed a proffer agreeing to an award of $175,000.00 for pain and suffering and $5,834.83 for past unreimbursable expenses, totaling $180,834.82.

The court issued a Decision Awarding Damages on August 30, 2024, granting this total award.