Jami Shanes v. HHS - Influenza, Miller Fisher variant Guillain-Barre syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
On October 19, 2020, Jami Shanes filed a petition alleging that an influenza vaccine administered on October 18, 2017 caused Miller Fisher variant Guillain-Barre syndrome. She was 26 years old.
The records showed an urgent-care visit on November 6, 2017 for earache, congestion, dry cough, headache, and facial fullness. On November 13, she had neurologic findings including dilated pupils and unsteady gait, and on November 16 neurologist Dr.
Norton Winer diagnosed a likely Miller Fisher variant based on ataxia, diplopia, dysmetria, and areflexia. The record also showed substantial improvement over the following months.
The special master found that Ms. Shanes had not established the Vaccine Act's six-month severity requirement because the neurologic symptoms had resolved by March 29, 2018.
She sought review, but the Court of Federal Claims denied review. The review opinion was initially filed under seal and later reissued publicly on September 19, 2024.
No compensation was awarded.
Theory of causation
Influenza vaccine October 18, 2017 at age 26 causing alleged Miller Fisher variant GBS. DENIED. Key evidence: November 6, 2017 URI/ear symptoms; November 13 neurologic findings; November 16 Dr. Norton Winer diagnosis of likely Miller Fisher with ataxia/diplopia/dysmetria/areflexia; improvement by March 2018. Special master found six-month severity requirement not met; Court denied review, public reissue September 19, 2024. No award. Petition filed October 19, 2020.
Source PDFs
USCOURTS-cofc-1_20-vv-01411