Joyce Weremblewski v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2014)

Joyce Weremblweski filed a petition for vaccine compensation on November 1, 2012, alleging she suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 9, 2009. The petition was initially filed on November 1, 2012, but the vaccination date was later corrected.

Petitioner's counsel was John Robert Howie, Jr. of Howie Law, P.C. Respondent's counsel was Gordon Shemin of the United States Department of Justice.

On August 21, 2014, Ms. Weremblweski moved for a decision dismissing her petition, stating that the investigation of the facts and science supporting her case demonstrated she would be unable to prove entitlement to compensation.

To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" or that the vaccine actually caused the injury. The Special Master noted that a petition must be supported by medical records or a medical opinion demonstrating a vaccine-related injury.

Since Ms. Weremblweski determined she could not prove her case and the record lacked sufficient evidence of a vaccine-related injury, her claim was denied and the case was dismissed for insufficient proof.

Special Master Thomas L. Gowen issued the decision.

Judgment was to be entered accordingly in the absence of a motion for review.