Joyce E. Jeffries v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2023)

Joyce E. Jeffries, born September 26, 1953, filed a claim under the National Vaccine Injury Compensation Program on February 5, 2021, through her power of attorney, Sherry Jeffries Compton.

The initial claim alleged Guillain-Barré syndrome (GBS) following an influenza vaccine received on October 18, 2017, and a subsequent influenza vaccine in November 2018, which was claimed to have aggravated her GBS. The claim based on the 2017 vaccination was dismissed as untimely.

The case proceeded focusing on the alleged significant aggravation of a pre-existing GBS condition by the November 5, 2018 influenza vaccination. Ms.

Jeffries was 65 years old at the time of the 2018 vaccination. Her medical history included acid reflux, peripheral neuropathy, vertigo, and chronic headaches.

Records from December 2017 indicated symptoms of back pain, weakness, fatigue, shortness of breath, and paresthesias in her feet, with peripheral neuropathy noted in the differential diagnosis upon discharge, though no formal GBS diagnosis was made. In June 2018, she experienced weakness, fatigue, and difficulty swallowing.

In September 2018, records from Midtown Center for Health and Rehabilitation indicated a diagnosis of GBS on September 6, 2018, secondary to chronic pulmonary edema, along with other conditions. She was also evaluated on the Morse Fall Scale and rated as having a "Moderate Risk for Falling." On November 5, 2018, Ms.

Jeffries received another influenza vaccine. Post-vaccination records from November and December 2018 did not establish new health concerns or changes in her status; she reported her pain medication was working, and her fall risk evaluation remained "High Risk for Falling" in December 2018.

Subsequent records through June 2019 showed her fall risk rating improved to "Moderate Risk" and then "Low Risk." In July 2019, a physiatrist noted ambulatory and ADL dysfunction related to GBS with lower limb paresis and neuropathic pain, prolonged hospital course/debility, and left trapezius strain, but made no mention of a change in her overall course or a distinction between her condition pre and post-vaccination. August 2019 notes mentioned hospitalization due to generalized weakness and difficulty swallowing, with a diagnosis of GBS, and stated she had regained a large amount of strength.

Her fall risk rating in September 2019 was "Low Risk." The Special Master reviewed witness statements from Ms. Jeffries's physical therapist and brother, who generally described pain and weakness that prevented her from leaving bed, but these statements were not temporally specific enough to prove worsening attributable to the vaccine.

The Special Master found that the medical records did not preponderantly establish that Ms. Jeffries's condition worsened after the November 2018 vaccination.

The records indicated her health remained poor but stable, with some evidence suggesting her fall risk actually improved post-vaccination. The Special Master concluded that Ms.

Jeffries could not meet the burden of proof for significant aggravation, as the record did not demonstrate her condition post-vaccination was worse than before. The case was dismissed.

Petitioner counsel was Richard Gage, P.C. Respondent counsel was Ryan Pyles.

The Special Master was Brian H. Corcoran.