Annette Danielle Lucero v. HHS - Influenza, Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2026)
Case summary [AI summaries can sometimes make mistakes]
On December 7, 2020, Annette Danielle Lucero filed a petition alleging that an influenza vaccination administered on November 21, 2018 caused Guillain-Barre syndrome, chronic inflammatory demyelinating polyneuropathy, or significant aggravation of a preexisting neurologic condition. She was born March 28, 1964 and was about 54 years old at vaccination.
The medical record showed pre-vaccination fatigue and restless-leg symptoms, and on the day of vaccination Ms. Lucero presented with palpitations and neurological muscle weakness that reportedly had begun six to eight weeks earlier and was increasing in frequency.
Petitioner's expert, Dr. Salvatore Napoli, attributed GBS/CIDP to vaccine-triggered molecular mimicry.
Respondent's expert, Dr. Peter Donofrio, emphasized that CIDP, not GBS, best fit the course, that symptoms predated vaccination, and that an antecedent upper respiratory infection was a more plausible trigger.
The Special Master accepted that GBS had been a reasonable early diagnosis but found that the full record better supported CIDP. He also found no preponderant theory that influenza vaccine causes CIDP in the way alleged, no persuasive logical sequence from vaccine to illness, and no medically acceptable temporal relationship because weakness was documented before vaccination.
Significant aggravation also failed for lack of proof. Entitlement was denied on February 20, 2026.
Theory of causation
Adult petitioner, about age 54; influenza vaccine November 21, 2018; alleged GBS/CIDP or significant aggravation. DENIED. Petitioner expert Dr. Salvatore Napoli proposed molecular mimicry; respondent expert Dr. Peter Donofrio argued CIDP and pre-vaccination onset/URI. Records documented muscle weakness starting 6-8 weeks before vaccination. SM found CIDP more likely than GBS, no reliable flu-CIDP causation theory, no logical sequence, no proper timing, and no significant aggravation. Petition filed December 7, 2020; decision February 20, 2026.
Source PDFs
USCOURTS-cofc-1_20-vv-01789