Mary Jo Drcar v. HHS - Influenza, acute inflammatory demyelinating polyneuropathy (AIDP) / Guillain-Barre syndrome (GBS) (2024)
Case summary [AI summaries can sometimes make mistakes]
On August 26, 2021, Mary Jo Drcar filed a petition alleging that an influenza vaccine administered on October 14, 2019 caused acute inflammatory demyelinating polyneuropathy, a form of Guillain-Barre syndrome. The damages record included a letter describing her as a vibrant 64-year-old woman before the illness.
About a month after vaccination, Ms. Drcar sought emergency care with decreased lower-extremity sensation, pain, tingling, weakness, and trouble walking.
MRI imaging was performed, and a December 6, 2019 EMG/NCS showed an active acquired demyelinating neuropathy. She was treated with IVIG in January 2020.
The record described improvement after treatment but persistent numbness, fatigue, loss of driving independence, early retirement, and reduced ability to participate in family and social life, including time with grandchildren. Respondent initially contested entitlement, arguing in an April 2023 Rule 4(c) report that petitioner had not proven the correct diagnosis or a Table injury.
Petitioner filed an expert report from neurologist Dr. Christopher Geiger.
After further review, respondent amended its position and conceded that Ms. Drcar had AIDP meeting the Table criteria for GBS.
Special Master Thomas L. Gowen found entitlement on December 11, 2023.
A later damages decision awarded compensation for pain and suffering, future pain and suffering, lost wages, expenses, and future medical costs. The final damages award was $313,114.59.
Theory of causation
Influenza vaccine October 14, 2019 at age 64 causing AIDP/GBS. COMPENSATED. Respondent first disputed diagnosis/Table criteria, then conceded after petitioner submitted neurologist Dr. Christopher Geiger's report. Key evidence: progressive lower-extremity sensory symptoms, pain, weakness, gait difficulty about one month post-vaccination, December 6, 2019 EMG/NCS showing active acquired demyelinating neuropathy, January 2020 IVIG, residual numbness/fatigue, driving limits, and early retirement. Entitlement SM Gowen December 11, 2023; final damages $313,114.59 after December 10, 2024 damages decision. Petition filed August 26, 2021.
Source PDFs
USCOURTS-cofc-1_21-vv-01766