J. G. v. HHS - Hepatitis A, Guillain-Barré Syndrome (GBS) (2024)
Case summary [AI summaries can sometimes make mistakes]
On June 1, 2020, J. G., a 38-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program.
Petitioner alleged that he suffered Guillain-Barré Syndrome (GBS) as a result of a hepatitis A vaccination administered on April 19, 2018. Petitioner's symptoms, including tingling in his extremities and back pain, began around May 25, 2018, approximately 36 days after vaccination.
Respondent argued against compensation, suggesting the symptoms were due to a sports injury. Petitioner's experts, Dr.
S. Sohail Ahmed and Dr.
Kazim A. Sheikh, opined that Petitioner more likely than not developed GBS caused by the vaccine, citing potential mechanisms like molecular mimicry and the vaccine's adjuvant, and that his symptoms met diagnostic criteria for GBS.
Respondent's expert, Dr. Thomas P.
Leist, disagreed, stating Petitioner's symptoms were consistent with a lumbar disc herniation and cervical sprain from weightlifting, not GBS, and that there was no established link between the hepatitis A vaccine and GBS. Respondent's expert, Dr.
Robert Fujinami, also opined there was no evidence for the hepatitis A vaccine inducing GBS by molecular mimicry and that the alum adjuvant was too weak to cause neurological complications. Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 13, 2023, finding that Petitioner had provided preponderant evidence that his hepatitis A vaccine caused his GBS, satisfying the burden of proof under Althen v.
Secretary of Health & Human Services. Petitioner was found to be entitled to compensation.
Subsequently, on January 3, 2024, Special Master Dorsey issued a Ruling Awarding Damages. The final award totaled $189,245.05, consisting of $170,000.00 for actual pain and suffering, $12,814.25 for future pain and suffering (net present value), and $6,430.80 for past unreimbursed expenses.
The decision was finalized on January 8, 2024, with the parties agreeing to the net present value calculation for future pain and suffering.
Source PDFs
USCOURTS-cofc-1_20-vv-00664