Silvia Bavli v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2024)

Silvia Bavli filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on December 18, 2019, and subsequently developed Guillain-Barré syndrome (GBS). The case was assigned to the Special Processing Unit, and Respondent filed a report opposing compensation.

Petitioner moved for a ruling on the record, arguing she met the Table requirements for GBS following a flu vaccine or, alternatively, that her injury was caused-in-fact by the vaccine. Respondent countered that Petitioner did not establish the onset of her injury within the required timeframe for a Table claim and could not prove causation-in-fact.

The medical records indicated Petitioner had a history of gastrointestinal issues, including diverticulitis and adenoma, and experienced bloody stools prior to vaccination. After receiving the flu and Shingrix vaccines on December 18, 2019, her next medical visit was on February 3, 2020, with complaints of diarrhea.

She later saw a neurologist on February 28, 2020, reporting numbness in her fingers and toes beginning February 26, 2020, and absent reflexes. She was hospitalized from February 28 to March 3, 2020, where she was assessed with GBS 'post viral.' While Petitioner claimed her first symptoms were urinary and fecal incontinence in late December 2019 and early January 2020, the contemporaneous medical records did not support this timeline, with the earliest documented neurological symptoms of GBS appearing on February 26, 2020, approximately 71 days after vaccination.

The court found that this onset was well outside the 42-day window for a Table claim and too lengthy to infer causation-in-fact. Therefore, the court dismissed Silvia Bavli's claim for failure to establish entitlement.