Alan Correira v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2025)

Filed 2021-08-27Decided 2025-06-03Vaccine Influenza
denied

Case summary [AI summaries can sometimes make mistakes]

On August 27, 2021, Alan Correira filed a petition alleging that an influenza vaccine administered on September 20, 2019 caused Guillain-Barre syndrome. The public decision identifies him as an adult petitioner but does not state his exact age.

Mr. Correira underwent prostate surgery with nitrous oxide on October 1, 2019.

His first neurologic complaints were documented on November 23, 2019, when he reported six days of bilateral upper-extremity numbness and tingling beginning November 18. Early examinations were largely unremarkable, but symptoms progressed in December to facial weakness, abnormal gait, absent reflexes, decreased sensation, difficulty swallowing and breathing, and elevated CSF protein.

Treating physicians considered GBS or a variant; EMG/NCS later showed neuropathy with demyelinating and axonal components, and he was treated with a five-day IVIG course. Petitioner relied on Dr.

Norman Latov, a Weill Cornell neurologist, who proposed molecular mimicry or bystander activation and argued the 57-to-59-day onset interval remained medically acceptable. Respondent disputed causation.

Chief Special Master Corcoran accepted that influenza vaccine can cause GBS generally, but denied compensation because timing failed Althen prong three. He found the contemporaneous records showed onset on November 18, 2019, 59 days after vaccination, outside both the Table period and the medically acceptable non-Table risk interval.

Because timing was dispositive, he did not need to resolve every aspect of prong two. No compensation was awarded.

Theory of causation

Influenza vaccine September 20, 2019; alleged GBS in adult petitioner. DENIED. First documented symptom onset November 18, 2019 (59 days): paresthesias progressing in December to facial weakness, gait abnormality, absent reflexes, swallowing/breathing complaints, elevated CSF protein, abnormal EMG/NCS, and IVIG treatment. Petitioner expert Dr. Norman Latov proposed molecular mimicry/bystander activation; CSM Corcoran accepted flu vaccine can cause GBS generally but found onset too late for Table or non-Table causation. Decision June 3, 2025; no award. Petition filed August 27, 2021.

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