G.R. v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2023)

On December 4, 2019, Misty and Matthew Rastetter filed a petition on behalf of their minor son, G.R., alleging that his influenza vaccination on November 2, 2017, caused him to develop Guillain-Barre syndrome (GBS). The respondent filed an Amended Rule 4(c) Report on July 25, 2022, conceding entitlement to compensation.

The respondent stated that G.R. met the criteria for GBS as a Table injury, including bilateral flaccid limb weakness, a specific interval between onset and nadir of weakness, a plateau without relapse, and no more likely alternative diagnosis. Although an Epstein-Barr Virus (EBV) infection was initially considered a more likely alternative cause, the respondent's review of expert reports concluded that the flu vaccine was the cause of G.R.'s GBS, as preponderant evidence did not support an unrelated factor.

The respondent also confirmed that the case was timely filed, the vaccination occurred in the United States, and G.R. suffered residual effects for more than six months, satisfying the statutory severity requirement. Special Master Daniel T.

Horner found that G.R. is entitled to compensation, and the case will proceed to determine damages. The public decision does not describe the specific onset of symptoms, diagnostic tests performed, treatments received, or the names of any experts who reviewed the case.

Petitioner counsel was John Robert Howie, Jr. of Howie Law, P.C., and respondent counsel was Catherine Stolar of the U.S. Department of Justice.