Colleen Block v. HHS - Influenza, Guillain-Barré syndrome (2021)

Colleen Block filed a petition alleging that she developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on November 10, 2017. Her petition was initially considered as a potential Table claim, but the court determined that her symptoms began approximately 24 hours after vaccination, which falls outside the 3 to 42-day window for a Table flu/GBS injury.

The case then proceeded as an off-Table claim, requiring Ms. Block to prove causation-in-fact.

She relied on an expert report and literature suggesting a possible one-day onset for GBS after vaccination. However, the court found this evidence unpersuasive, particularly the cited Park article, which had diagnostic uncertainties and did not adequately address alternative causes like infection.

The court gave less weight to Ms. Block's expert due to a lack of specific immunological background regarding the critical question of GBS onset timing.

Respondent's experts argued that the adaptive immune response involved in GBS requires more time to manifest symptoms, making a one-day onset medically implausible. Ultimately, the court concluded that Ms.

Block failed to establish by a preponderance of the evidence that a one-day onset of GBS after a flu vaccine is medically acceptable. Therefore, her off-Table claim was dismissed, and she was denied compensation.