David D. Griffin v. HHS - Influenza, Guillain-Barré Syndrome (2015)

David D. Griffin, an adult, filed a petition for compensation under the National Childhood Vaccine Injury Act, alleging that he developed Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on February 1, 2012, while working in Afghanistan as a contractor for the Department of Defense (DOD).

The respondent moved for summary judgment, arguing that Mr. Griffin was ineligible for compensation because he received the vaccine outside the United States and was neither a member of the Armed Forces nor an employee of the United States, nor did he return to the U.S. within six months of vaccination.

The Special Master agreed, finding that Mr. Griffin was not a member of the Armed Forces and, after applying common law agency tests, determined he was not a federal employee.

The Special Master also found that Mr. Griffin did not return to the United States within six months of his vaccination.

Consequently, the petition was dismissed. Mr.

Griffin appealed this decision to the Court of Federal Claims, arguing that the Special Master erred in her application of the common law agency test and summary judgment standards, and in her legal research. The Court of Federal Claims agreed with the Special Master's conclusion that Mr.

Griffin was not an employee of the United States, finding that federal employee status is defined by Title V of the U.S. Code and that Mr.

Griffin did not meet those criteria. The court also found that even under the Special Master's more liberal interpretation using common law agency factors, Mr.

Griffin was not an employee, as Fluor, his employer, retained ultimate control, provided benefits, and had the power to terminate his employment. The court also found no abuse of discretion in the Special Master's legal research.

Therefore, the court denied Mr. Griffin's motion for review and dismissed the petition.