S.E.C. v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
On December 21, 2018, Diana Castaneda filed a claim on behalf of her minor son, S.E.C., alleging that he developed Guillain-Barré syndrome (GBS) shortly before February 1, 2015, following an influenza vaccination received on December 21, 2014. The petition was filed nearly a year outside the standard statute of limitations.
However, the claim was considered timely under the Vaccine Injury Table's lookback provision, which allows claims filed within two years of a Table revision if the revision significantly increases the likelihood of compensation. The relevant revision added a presumption of compensation for flu vaccine recipients who develop GBS within 3-42 days.
The respondent moved to dismiss, arguing the claim was untimely and that S.E.C. did not meet the Table's criteria for GBS, specifically the requirement for decreased or absent deep tendon reflexes in weak limbs. The petitioner moved for a ruling on entitlement.
Special Master Thomas L. Gowen considered the medical records, including those from S.E.C.'s hospitalization at Cohen Children's Hospital from February 1 to February 11, 2015, and subsequent rehabilitation at Blythedale Children's Hospital.
The records showed inconsistent findings regarding S.E.C.'s reflexes, with some documenting diminished or absent reflexes, particularly in the lower extremities, while others noted preserved or brisk reflexes. Petitioner's expert, Dr.
Ahmet Höke, opined that the medical records supported a diagnosis of GBS and that the inconsistency in reflex documentation was not uncommon. Special Master Gowen found sufficient evidence of diminished reflexes, along with weakness and other symptoms consistent with GBS, and that the respondent failed to establish a more likely alternative cause for the GBS.
The Special Master granted the petitioner's motion for a ruling on entitlement, finding that S.E.C. suffered a Table GBS injury. A separate order for damages was to be issued.
Petitioner was represented by Leah V. Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Mallori B. Openchowski of the United States Department of Justice.
Theory of causation
Petitioner Diana Castaneda filed a claim on behalf of minor S.E.C. alleging Guillain-Barré syndrome (GBS) following an influenza vaccination on December 21, 2014, with onset on or shortly before February 1, 2015. The petition, filed December 21, 2018, was considered timely under the Vaccine Injury Table's lookback provision due to a March 21, 2017, revision creating a presumption of compensation for flu vaccine recipients developing GBS within 3-42 days. Respondent argued the claim was untimely and S.E.C. did not meet the Table's requirement for decreased or absent deep tendon reflexes. Petitioner's expert, Dr. Ahmet Höke, opined that the records supported GBS and that reflex documentation was inconsistent. Special Master Thomas L. Gowen found sufficient evidence of diminished reflexes and weakness consistent with GBS, and that respondent failed to establish a more likely alternative cause. Entitlement to compensation was granted, with a separate order for damages to follow. Petitioner's counsel was Leah V. Durant; respondent's counsel was Mallori B. Openchowski.