Sandy M. Foukarakis v. HHS - Influenza, transverse myelitis, optic neuritis, GBS/CIDP, and related neurologic injuries (2025)

On November 9, 2020, Sandy M. Foukarakis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on November 8, 2018, caused Guillain-Barré syndrome (GBS), chronic inflammatory demyelinating polyneuropathy (CIDP), transverse myelitis (TM), optic neuritis, and other symptoms.

The respondent argued the petition should be denied and dismissed. The Special Master, Nora Beth Dorsey, found that Petitioner failed to provide preponderant evidence that the flu vaccine caused her alleged conditions.

The decision noted that while Petitioner's medical history was complex, she did not satisfy the three prongs of the Althen test for off-Table claims. Specifically, although a temporal relationship existed between the vaccination and the onset of symptoms, the court determined that Petitioner had not proven a logical sequence of cause and effect.

This was largely due to evidence of a prior Epstein-Barr virus (EBV) infection, which her treating physicians and medical literature suggested could be the cause of her demyelinating illness. Therefore, the petition was denied and dismissed.

Petitioner was represented by Phyllis Widman of Widman Law Firm, LLC, and Respondent was represented by Felicia Langel of the U.S. Department of Justice.