Kimberly F. Flowers v. HHS - Influenza, Guillain-Barré syndrome (2024)

Kimberly Flowers, a 50-year-old female, received an influenza vaccine on October 26, 2018. She alleged that she developed Guillain-Barré Syndrome (GBS) as a result of this vaccination.

The case was initially assigned to a Special Processing Unit due to the expectation of an easily established Table claim, but due to disputed fact issues, it was reassigned to the regular docket. The Chief Special Master (CSM) issued an order to show cause, questioning whether the claim could succeed given the apparent early onset of GBS post-vaccination.

The CSM ultimately denied entitlement, concluding that the evidence preponderated in favor of an onset occurring too soon after vaccination to meet the Vaccine Injury Table timeframe. The CSM also found that such a short onset would not be medically acceptable even under a non-Table, causation-in-fact analysis.

The CSM reviewed medical records indicating that Flowers reported symptoms beginning shortly after vaccination, with some records suggesting onset as early as the same day or within one to two days. The CSM found the testimony of Flowers' expert, Dr.

David Simpson, unpersuasive regarding the onset timing, particularly his reliance on a Korean study. The CSM also noted that Flowers' treaters did not coalesce around vaccination as the reason for her GBS.

The decision was later reviewed by a judge, who sustained the CSM's decision, finding it was not arbitrary or capricious. The judge agreed that the CSM rationally considered the evidence and found that Flowers failed to establish that her GBS onset occurred within the Table timeframe or was medically acceptable under a non-Table claim.

Therefore, Flowers was not entitled to compensation.