Nancy Gardner-Cook v. HHS - Hepatitis B, neurological injury (2003)

Nancy Gardner-Cook, a mother and medical secretary, received two hepatitis B vaccinations on August 12 and September 9, 1994. She alleged that these vaccinations caused a neurological injury, specifically a demyelinating disorder such as Guillain-Barré Syndrome (GBS) or acute disseminated encephalomyelitis (ADEM), leading to decreased cognitive ability and work productivity.

Ms. Gardner-Cook had a history of medical problems predating the vaccinations, including chest pain, anxiety, depression, fatigue, headaches, and dizziness.

Following the first vaccination, she experienced numbness on her left side and was hospitalized, but tests revealed no brain abnormality. After the second vaccination, she again complained of numbness, and her physician suggested serum sickness.

Medical experts, including Dr. Jack W.

Snyder and Dr. Mark Kritchevsky, concluded that her symptoms were not attributable to the vaccinations and could be explained by her pre-existing conditions, with Dr.

Kritchevsky diagnosing a functional somatic syndrome. Respondent's expert, neuroimmunologist Dr.

Kottil W. Rammohan, testified that Ms.

Gardner-Cook did not have ADEM, GBS, or any other demyelinating disorder, attributing her symptoms to depression and other factors. Petitioner's expert, Dr.

Byron M. Hyde, opined that she had a demyelinating disease, but the special master found his testimony not credible due to his lack of specialization and outdated practice.

The special master dismissed the claim, finding that petitioner failed to prove a prima facie case of vaccine injury, as her symptoms could be explained by pre-existing conditions and her expert's testimony was not credible. The court upheld the special master's decision, finding it was not arbitrary or capricious, and affirmed the denial of compensation.