Elena Karbusheva v. HHS - multiple, Giana – Barre (sic) syndrome, Landry’s ascends paralyses (sic), lupus, encephalopasy (sic), high blood pressure, chronicle (sic) hepatitis B and diabetes (2014)

Elena Karbusheva filed a petition pro se on January 11, 2013, alleging that multiple vaccinations she received between March 2009 and February 2011 caused her to develop Guillain-Barré Syndrome, Landry's ascending paralysis, lupus, encephalopathy, hypertension, chronic hepatitis B, and diabetes. Ms.

Karbusheva came to the United States as a refugee from Uzbekistan in 2009. The vaccines at issue included hepatitis B, Td, H1N1, varicella, Tdap, MMR (administered twice), and influenza.

The H1N1 vaccine was noted not to be covered by the National Vaccine Injury Compensation Program. The procedural history was complex.

Ms. Karbusheva participated in multiple status conferences with the assistance of a court interpreter.

Although she briefly retained attorney Simina Vourlis (October 2013 through April 2014), Ms. Karbusheva terminated that relationship and Ms.

Vourlis withdrew. Special Master Dorsey repeatedly encouraged petitioner to retain new counsel and directed her to file a supporting expert report, warning that failure to do so would result in dismissal.

Petitioner's deadline to file an expert report was extended from June to August 2014. Instead of filing an expert report, Ms.

Karbusheva filed letters, motions for continuances, and medical literature, and explicitly stated she would proceed without attorneys or medical experts. Special Master Dorsey issued an Order to Show Cause on August 25, 2014; petitioner still did not file an expert report.

Special Master Dorsey denied the petition on October 31, 2014, dismissing it for insufficient proof. The record contained no expert testimony, no treating physician opinion attributing petitioner's conditions to her vaccines, and no preponderant evidence satisfying any of the three Althen prongs for establishing vaccine causation.