Randy Brouette v. HHS - Influenza, alleged Guillain-Barre syndrome with stroke or opercular-syndrome differential (2025)
Case summary [AI summaries can sometimes make mistakes]
On September 17, 2020, Randy Brouette filed a petition alleging that an influenza vaccination administered on September 19, 2017 caused Guillain-Barre syndrome. He was 59 years old and had a medical history that included hypertension, hypercholesterolemia, diabetes, sleep apnea, gout, and vascular disease.
Mr. Brouette became acutely ill on November 25, 2017, about 67 days after vaccination.
He was found awake but nonresponsive, with aphasia, right facial droop, and a positive right Babinski sign. Imaging initially did not show an acute infarct, but later MRI studies showed bilateral parietal ischemic changes with bilateral internal carotid occlusion.
Treating physicians considered different explanations. Some records mentioned Guillain-Barre syndrome and plasmapheresis, while other neurologic opinions found the presentation unusual for GBS and more consistent with stroke or opercular syndrome.
EMG findings were not supportive of classic GBS, GQ1b testing was negative, and no lumbar puncture supported the diagnosis. Petitioner relied on neurologist Dr.
David Simpson, who treated GBS as the primary process and interpreted the ischemic findings as secondary. Respondent relied on vascular neurology, neurology, and immunology experts who argued that the presentation fit cerebrovascular disease better than vaccine-caused GBS, that the onset was outside the Table interval of 3 to 42 days, and that a recent respiratory infection was a more plausible immune trigger if GBS were present at all.
On September 2, 2025, Chief Special Master Brian H. Corcoran dismissed the petition.
He found that Table GBS was not established because onset was too late, and that off-Table causation was not proven given the diagnostic uncertainty, competing stroke evidence, recent URI, and lack of reliable timing proof. No compensation was awarded.
Mr. Brouette was represented by Peter John Wilkes.
Theory of causation
Influenza vaccine, September 19, 2017, age 59, alleged Guillain-Barre syndrome with onset on November 25, 2017, about 67 days post-vaccination. DISMISSED. Petitioner relied on Dr. David Simpson, who treated the presentation as GBS and attributed ischemic changes secondarily; respondent's experts Dr. Steven Messe, Dr. Pria Anand, and Dr. Stephen Jameson emphasized bilateral carotid occlusion, bilateral watershed ischemia, normal EMG findings, CNS signs including Babinski, no LP support, recent URI, and timing outside the Table 3-42 day interval. Chief Special Master Corcoran found Table onset not met and off-Table causation not proven. Attorney Peter John Wilkes.
Source PDFs
USCOURTS-cofc-1_20-vv-01222