Betty A. Dennis v. HHS - Influenza, Guillain-Barre syndrome / acute inflammatory demyelinating polyradiculoneuropathy causing death (2025)

Filed 2020-02-25Decided 2025-09-11Vaccine Influenza
entitlement_granted_pending_damagesdeath

Case summary [AI summaries can sometimes make mistakes]

On February 25, 2020, Betty A. Dennis, as administratrix of the estate of Richard P.

Dennis, filed a petition alleging that an influenza vaccination administered on October 3, 2018 caused Mr. Dennis to suffer Guillain-Barre syndrome, later identified as acute inflammatory demyelinating polyradiculoneuropathy, and that the condition caused his death on November 17, 2018.

Mr. Dennis had serious pre-vaccination health problems, including chronic interstitial lung disease, pulmonary fibrosis, chronic kidney disease, coronary artery disease, syncope, increasing oxygen needs, and declining activity.

At an informal primary-care visit moments before vaccination, he appeared depressed and used a wheelchair, but the record did not document new neurologic complaints. Five days later his daughter reported double vision.

By October 15, his family reported bilateral hand numbness, pain, profound weakness, and difficulty walking. He was admitted on October 16 with weakness, diplopia, ptosis, decreased sensation, and absent reflexes.

Neurology considered GBS, likely a Miller Fisher variant, and treated him with IVIG. The record showed partial neurologic improvement after IVIG, but Mr.

Dennis remained debilitated and was transferred for skilled nursing care. He then developed worsening fatigue, shortness of breath, pulmonary hypertension/cor pulmonale concerns, infections, and slow rehabilitation progress.

On November 16, neurologist Dr. Michael Leone noted extreme weakness and visual loss that he thought was likely central rather than part of GBS.

Mr. Dennis died the next day.

The death certificate listed acute inflammatory demyelinating polyneuropathy as the immediate cause of death and interstitial lung disease as a contributing condition. Respondent argued that onset fell before the vaccination, pointing to a family report that Mr.

Dennis had felt worse for two weeks, his wheelchair use on vaccination day, and a neurology note stating that some symptoms began before the flu shot. Chief Special Master Brian H.

Corcoran rejected that reading. He found the wheelchair and poor appearance more consistent with Mr.

Dennis's chronic disease and depression, and treated the neurology note as affected by a mistaken vaccination date. The decision found onset more likely on October 9, 2018, six days after vaccination, within the Table window, and concluded that Mr.

Dennis satisfied the remaining GBS criteria. Entitlement was granted on September 11, 2025; damages remain pending.

Theory of causation

Influenza vaccine, October 3, 2018, adult Richard P. Dennis, Table GBS/AIDP causing death November 17, 2018. ENTITLEMENT GRANTED; damages pending. Respondent argued onset preceded vaccination based on October 15 history, wheelchair use, and neurology note saying some symptoms predated flu shot. Chief Special Master Corcoran found onset more likely October 9, 2018 (six days post-vaccine), with bilateral hand numbness, pain, profound weakness, difficulty walking, diplopia/ptosis, absent reflexes, CSF/clinical support, IVIG, skilled nursing transfer, later respiratory/cardiopulmonary decline, and death certificate listing AIDP as immediate cause with interstitial lung disease contributing. Decision September 11, 2025. Attorney Lawrence R. Cohan; respondent Michael Bliley.

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