J.R.D. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2022)

Matthew and Renee Doye, parents and natural guardians of J.R.D., filed a petition on January 17, 2019, alleging that their six-year-old daughter suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on November 4, 2013. J.R.D. had a history of post-viral 6th central nerve palsy and developmental delay, and had received 13 prior flu vaccinations.

Approximately a week and a half after the November 4, 2013 vaccination, J.R.D. experienced a gastrointestinal illness. On November 19, 2013, she developed leg weakness, lethargy, and respiratory issues, leading to hospitalization.

Her symptoms progressed, and GBS was considered a possibility due to her symptoms, borderline CSF protein levels, and the temporal proximity to the flu shot. She was treated with IVIG and plasmapheresis, and eventually recovered significantly, though some speech concerns and anisocoria persisted.

Petitioners submitted an affidavit from Dr. Thomas Slama, who stated the vaccine could possibly have exacerbated the GBS, but offered no further analysis.

Respondent submitted a report from Dr. Hayley Gans, who concluded that J.R.D.'s GBS was more likely caused by a preceding gastrointestinal illness and possible mycoplasma infection, which occurred about a week to a week and a half before symptom onset, consistent with known GBS triggers.

Dr. Gans also noted that GBS is more commonly linked to infection than vaccination, and that prior flu vaccine doses made a link to the current dose less likely.

The Special Master found that while J.R.D. met the criteria for a Table Injury for GBS, the respondent met the burden of proving that the GBS was caused by factors unrelated to the vaccination, specifically the preceding infections. Therefore, the petition was dismissed.

Petitioner counsel was Robert Thomas Dassow. Respondent counsel was Tyler King.

Special Master was Daniel T. Horner.