William T. Smith, Jr., As Fiduciary Of The Estate Of Michael E. Smith v. HHS - Influenza, Guillain-Barré syndrome (2014)

William T. Smith, Jr., as fiduciary of the estate of Michael E.

Smith, filed a petition for vaccine compensation on April 21, 2013, alleging that an influenza vaccine received by Michael E. Smith on April 14, 2012, caused Guillain-Barré syndrome.

After gathering records for about a year, the petitioner filed a motion to dismiss the petition, acknowledging insufficient evidence to demonstrate entitlement to compensation. The court noted that to receive compensation, the petitioner must prove either a Table Injury or that the vaccine actually caused the injury.

The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence indicating vaccine causation. The decision states that a petitioner cannot be awarded compensation based solely on their claims; the petition must be supported by medical records or a physician's opinion.

As the petitioner failed to meet this burden of proof, the case was dismissed for insufficient proof.