L.L.P. v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2025)

On May 1, 2020, R.P. and T.P., on behalf of their nine-year-old son, L.L.P., filed a petition alleging Guillain-Barré Syndrome (GBS) as a Table injury resulting from an influenza vaccination received on October 12, 2017. Petitioners also argued that the vaccine caused L.L.P.'s GBS as a matter of causation-in-fact.

Respondent conceded that Petitioners met the elements of a prima facie Table claim for GBS following the flu vaccine but contested entitlement, arguing that an intervening viral illness was the actual cause. The Special Master reviewed the medical records and expert testimony.

Petitioners presented evidence that L.L.P. experienced symptoms consistent with GBS starting approximately seven days after vaccination, including pain, fatigue, and autonomic dysfunction. Respondent's expert, Dr.

Leslie Benson, argued that an unspecified infectious illness was the more likely cause of L.L.P.'s GBS, citing the general association between infections and GBS. However, the Special Master found that Respondent failed to provide preponderant evidence of a sound and reliable theory for how a "nonspecific infectious illness" could cause GBS, and that the identified rhinovirus/enterovirus was not strongly associated with GBS.

Furthermore, the Special Master found that Respondent did not establish a logical sequence of cause and effect or a proximate temporal relationship for an unrelated cause. The Special Master concluded that Respondent failed to meet his burden of proof to show that L.L.P.'s GBS was due to factors unrelated to the vaccine.

Therefore, Petitioners were found to have established entitlement to compensation, with damages to be determined in a separate order. The Special Master was Nora Beth Dorsey.

Petitioners were represented by Michael Firestone and Marvin Firestone, MD, JD & Associates. Respondent was represented by Ryan Nelson of the U.S.

Department of Justice.