Richard Jaye v. HHS - Pneumococcal, Guillain-Barré syndrome (2024)

Richard Jaye, then 72 years old, filed a petition on June 2, 2020, alleging that a pneumococcal vaccine he received on December 5, 2017, caused him to develop Guillain-Barré syndrome (GBS). Mr.

Jaye reported symptoms beginning approximately eight days after vaccination, including chest pain, bilateral leg pain, generalized arthralgias and myalgias, and difficulty walking. He was diagnosed with an axonal form of GBS, which required hospitalization and immunodeficiency treatments.

Petitioner’s counsel was Scott Rooney of Nemes Rooney, P.C. Respondent’s counsel was Lynn Schlie of the U.S.

Department of Justice. The case was decided by Chief Special Master Brian H.

Corcoran. Mr.

Jaye presented expert testimony from Dr. Lawrence Steinman, a neurologist, who argued that components of the pneumococcal vaccine, specifically phosphoglycerol/phosphocholine molecules and the CRM197 conjugate, could trigger an autoimmune cross-reaction through molecular mimicry, leading to GBS.

Dr. Steinman's theory posited that antibodies generated in response to these vaccine components would mistakenly attack the myelin sheath covering nerves.

Respondent, the Secretary of Health and Human Services, contested this, presenting expert testimony from immunologist Dr. Lindsay Whitton, who argued that the scientific evidence did not support a causal link between the pneumococcal vaccine and GBS.

The Special Master reviewed extensive medical literature and expert reports, noting that Dr. Steinman's theory and arguments were substantially similar to those presented in prior cases involving the pneumococcal vaccine and GBS, which had been rejected.

The court specifically addressed and rejected the molecular mimicry theory as applied to this vaccine and injury, finding the scientific evidence insufficient to establish causation. The Special Master found that Mr.

Jaye had not preponderantly established that the pneumococcal vaccine "can cause" GBS, failing to meet the first prong of the Althen test for off-Table claims. Consequently, the petition for entitlement was denied.

The decision was issued on July 18, 2024.