Jennifer Anderson v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)

On March 15, 2019, Jennifer Anderson filed a Vaccine Program petition alleging that an influenza vaccine administered on October 2, 2014 caused Guillain-Barre syndrome. The case was assigned to the Special Processing Unit.

Ms. Anderson initially pleaded that the vaccine had been given in late October 2014, but subpoenaed records from the University of St.

Thomas Health Services, the vaccine administrator, confirmed the administration date as October 2, 2014. The timing of onset controlled the case.

In her petition, Ms. Anderson alleged that she began experiencing tingling in her lower extremities on November 14, 2014.

The medical records matched that timeline. At a December 3, 2014 visit with neurologist Dr.

Robert G. Jacoby, she reported back and hip pain and stated that a few days around her November 14 birthday she began noticing numbness, tingling, and pain in her calves and lower back.

On a December 4 medical-history form, she wrote that lower-extremity numbness and weakness began on November 14. On January 10, 2015, she saw Dr.

Thomas Schriefer for neurologic evaluation and again reported that tingling began in her left foot on the night of November 14, followed by increasing pain, numbness, and weakness. Dr.

Schriefer assessed likely acute axonal motor variant GBS. Respondent filed a combined Rule 4(c) report and motion to dismiss on July 2, 2020, arguing that the claim was time-barred.

The 2017 Vaccine Injury Table revision made influenza-vaccine GBS compensable as a Table injury only if onset occurred not less than 3 days and not more than 42 days after vaccination. Ms.

Anderson's own pleaded onset date was November 14, 2014, which was 43 days after the October 2 vaccination. She did not contest that timing and conceded that she could not meet the Table onset requirement.

Ms. Anderson argued that her claim was saved by the Vaccine Act's lookback provision because it was filed within two years of the 2017 flu-GBS Table amendment and within eight years of the alleged injury.

Chief Special Master Brian H. Corcoran rejected that argument on January 27, 2021.

Relying on his Randolph decision and similar authority, he held that the lookback provision saves otherwise untimely claims that fit the precise requirements of a Table revision, but it does not revive an off-Table claim that could have been filed within the ordinary 36-month limitations period simply because the case is close to the Table definition. He acknowledged that a timely non-Table flu-GBS claim with 43-day onset might be viable if supported by reliable evidence, but this petition was filed more than four years after onset and could not rely on the lookback provision.

The petition was dismissed as untimely, and no compensation was awarded. Ms.

Anderson was represented by Lawrence R. Cohan of Saltz Mongeluzzi & Bendesky in Philadelphia, Pennsylvania.