San Antonio Injury Attorney Blog

The most common vaccine shot associated with the development of Guillain Barre Syndrome (GBS) is the influenza flu shot. Most people receive the influenza vaccination to reduce the risks associated with the flu. New influenza vaccines are formulated every year due to ever changing influenza viruses. Since 1979, the vaccines are trivalent, using strains of influenza A (H1N1), influenza A (H3N2), and influenza B viruses.

The first known association between GBS and the flu shot became apparent during a mass vaccination program in the United States with a swine influenza vaccine in 1976-1977. It should be noted that in 1976, an influenza outbreak occurred in Fort Dix NJ. The outbreak was traced to swine-type influenza A (H1N1). In reaction to the outbreak and the danger from an epidemic from swine influenza, the United States Department of Health and Human Services instituted a mass vaccination of the US population. Approximately fifty (50) million adults were vaccinated during the short three (3) month interval from October - December 1976. Of the mass numbers vaccinated, there were over five hundred (500) cases of Guillain Barre Syndrome including thirty (30) deaths. A study of the incidence of GBS discovered that there was an elevated risk of Guillain Barre Syndrome within six to eight (6-8) weeks of vaccination. Following the elevated GBS risk, the government ordered the cessation of the swine flu vaccination program in early 1977. A GBS flu shot injury attorney will refer to the swine flu incident as the strongest evidence of a causation link.

Other studies have confirmed a causal relationship between the 1976 swine influenza vaccine and GBS onset in the adult population. According to the Vaccine Adverse Events Reporting System (VAERS), there was an increase in GBS reports in 1992-1993 and 1993-1994 associated with the influenza vaccine, with data suggesting an increased risk within six (6) weeks following influenza vaccination. VAERS is a system employed by the United States for rapid reporting of adverse events following vaccination. The US Federal Court of Claims often inquires as to whether a VAERS report was filed following an adverse reaction to a vaccination.

An evaluation of trends of reports to VAERS of Guillain Barre Syndrome following the flu shot in adults reflected that there was a possible causal association between GBS and influenza vaccine. There was an average of onset of GBS about two (2) weeks after the vaccination and few cases of preexisting illnesses that could possibly explain the onset. A Guillain Barre vaccination injury lawyer will emphasize the timing of the onset of peak symptoms.

Between 1990 through 2005, there were over one thousand (1000) cases of GBS reported after vaccination. In the majority of cases, symptoms appeared within six (6) weeks of vaccination. GBS cases were most prevalent following the influenza vaccine followed by the Hepatitis B vaccine. For adults, there was a greater incidence of Guillain Barre under 65. The peak GBS symptoms appeared within two (2) weeks post vaccination. There appears to be a bell curve with greatest number of incidents reaching a peak at two (2) weeks with declining numbers approaching the six (6) week mark post vaccination. Over eight hundred (800) cases of GBS were reported in the US between 1990 through 2009 following the flu shot of which about half were men.

Continue reading "Association between Flu Shot / Influenza Vaccine and Guillain Barre Syndrome (GBS)" »

Guillain Barre Syndrome (GBS) is a clinical neuromuscular syndrome that can cause paralysis (temporarily and sometimes permanently) in individuals who receive the influenza / flu vaccination. Generally, GBS is characterized by weakness and numbness. Some individuals complain of a tingling sensation in the legs and arms with minor to major loss of movement in the legs, arms, upper body, and face. Some people will show a contortion of the face from GBS similar to the physical drooping from a stroke. GBS usually starts as a ascending paralysis characterized by weakness in the legs, moving its way up to the upper limbs and face with a loss of deep tendon reflexes.

For the most part, Guillain Barre Syndrome is triggered by an upper respiratory or gastrointestinal infection although the etiology (cause) of GBS is not exactly known. It can be a potentially deadly disorder and affects up to 2 people per 100,000. Unfortunately GBS has no known cure although several treatments can alleviate symptoms and lower the length of the disorder. For the most part, people recover fully from severe cases of GBS.

There is great debate in the vaccine community about the link between the flu vaccination and Guillain Barre Syndrome. The Vaccine Court for the most part has accepted the theory that the influenza vaccination can replace upper respiratory or gastrointestinal infection as the triggering factor for GBS and the Miller Fischer variant of GBS.

When filing a vaccine compensation claim, a GBS flu vaccine attorney will investigate the presence of any antecedent upper respiratory or gastrointestinal infection within six (6) weeks prior to symptom onset. Most individuals do report experiencing some form of infectious illness prior to developing Guillain Barre Syndrome. Almost 70% of GBS cases are associated with some prior acute infection by various bacterial viruses. In a flu GBS case, the influenza vaccine activates the immune system against components of the nervous system similar to activation by viral or bacterial infection in non-vaccinated GBS cases. Many experts believe that the most common mechanism for development of Guillain Barre Syndrome is molecular mimicry in which the body produces cross-reactive immune responses.

There are certain variations of GBS, the most prominent of which is known as the Miller Fisher variant. Patients with the Miller Fisher syndrome typically project symptoms of ataxia (gross lack of coordination of muscle movements), ascending numbness, and facial palsy and these symptoms can very well occur after taking the flu vaccine. A Guillain Barre injury lawyer will look at the possibility of any infections prior to the onset of Miller Fisher syndrome. Many GBS patients will develop a disabling chronic fatigue syndrome and sensitivity to heat that may become permanent. The disabling fatigue can be particularly troublesome by interfering with activities of daily living and occupational duties. A vaccine compensation lawyer can make the argument that a person whose occupation is impaired by the fatigue syndrome deserves economic damages in addition to pain and suffering.

Sometimes in filing a vaccine compensation claim , the government attorneys will try to challenge a Miller Fisher claim, claiming that there are differences between Miller Fischer and general GBS. An expert neurologist will be able to dispel this argument by showing there is no fundamental difference between the pathogenesis (development of the disease) of Guillain Barre Syndrome and the Miller Fisher variant. Both disorders share similar patterns of evolution, recovery, and symptom characteristics.

In our next blog entry, we will discuss more in detail how the influenza vaccination causes Guillain Barre Syndrome. If you suspect your GBS is linked to the flu shot, contact a flu shot vaccine injury attorney as soon as possible. There is no need to go a local attorney because a GBS flu injury firm can handle cases nationwide.

If you believe you have been injured by a vaccine, it is imperative that you contact a vaccine lawsuit attorney . There is a three (3) year statute of limitations on vaccine compensation claims.

When a person's vaccine injury is listed in the vaccine injury table and the injury occurred within the time provided in the table, then causation (the link between the vaccine and the injury) is presumed. A person may still receive compensation when the injury is not listed in the vaccine injury table, but the petitioner must show that their condition was caused by the vaccine (known as the preponderance of the evidence standard).

A vaccine injury lawyer employs several methods to demonstrate causation by a preponderance of the evidence. First, the attorney may show via experts and scientific research that it is medically plausible for the vaccine to have caused the injury. For example, in cases of GBS flu injury, a common scientific theory used by neurologists is molecular mimicry. Second, it is helpful that there is peer-reviewed medical literature supporting an association between the vaccine and alleged disability. The vaccine lawyer may also demonstrate that the petitioner's injury is medically accepted as a reaction to the vaccine and that the injury took place within a medically accepted window of time after the vaccine to reflect causation.

Finally, a good vaccine injury attorney will also seek to show other potential causes were not present. The most common way of demonstrating alternate causes are not applicable is to demonstrate via prior medical records that the petitioner did not suffer from any preexisting conditions. For example, in GBS flu vaccine injury cases, the lawyer will show via prior medical records that the injured party did not suffer from a preexisting upper respiratory or gastrointestinal infection that could cause GBS.

Other key documents in a vaccine injury claim include a affidavit from the injured party regarding timing and severity of symptoms, medical records, diagnoses of treating doctors, and VAERS (Vaccine Adverse Event Reporting System) data. To successfully obtain compensation, seek professional vaccine injury consultation immediately.

As more Americans take vaccines from injury into well into their senior years, injuries from vaccines will inevitably follow. An ensuing injury of Guillain Barre syndrome from the flu vaccine is one of the most common claims.

The National Vaccine Injury Compensation Program was established to provide compensation to those individuals who have suffered an illness, disability, injury, or even death from a vaccine. The standard by which the Court of Federal Claims determines a link is known as a preponderance of the evidence. Simply put, is it likely that the injury complained of was in fact caused by the vaccine.

To determine causation in a vaccine injury case, the special master (the term given to what is traditionally the judge in most civil matters) makes a finding of causation based on medical records and / or medical opinion. Simple claims of injury by the complainant or petitioner are not enough to warrant compensation. Besides examining medical and scientific evidence, the special master pays heavy attention to diagnoses or conclusions made by medical professionals regarding causation of the petitioner's conditions. Medical professionals can also comment on residual long-term effects of the vaccine injury.

Many petitioners often find it difficult to get their treating providers to write an affidavit of causation linking the illness to the vaccine. Some treating providers do not feel qualified enough to make the connection, or they may have ties to the pharmaceutical industry, or they are leery of potential malpractice issues (although such fears are often unwarranted). In such cases, a vaccine injury attorney can draw on various experts including board certified neurologists, who can review the records and draft strong expert reports in favor of the petitioner.

The special master also reviews the results of evaluative tests such as CAT scans and MRIs , especially as they regard abnormal effects of the vaccine on brain activity. It is important to note that such evaluations are not binding on the special master, but they are parts of the overall calculation.

When relying on the Vaccine Injury Table , and whether the symptoms of injury occurred within the time period prescribed by the table, the special master carefully reviews the medical records to determine if whether the symptoms manifested themselves during the time period after the vaccine.

A vaccine injury lawyer must demonstrate the petitioner did not exhibit symptoms of disability or conditions prior to administration of the vaccine. Documentation of medical injury and short-term and long-term pain and suffering and economic damages are keys to a successful vaccine lawsuit .