Terry L. Kegler v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)

Terry L. Kegler filed a petition alleging that an influenza vaccine received on October 18, 2011, aggravated his pre-existing Guillain-Barré Syndrome (GBS), which was diagnosed on February 8, 2010.

However, a review of his medical records, including his vaccination record, revealed no evidence that he received an influenza vaccine on October 18, 2011, or on November 12, 2009, as previously alleged. The records indicated a medical exemption for influenza vaccines after November 7, 2007.

Furthermore, the petitioner acknowledged that his GBS did not worsen after the alleged October 18, 2011 vaccination. The court found that the petitioner's counsel failed to perform fundamental due diligence by not investigating these inconsistencies and allowing the statute of limitations to expire for the earlier alleged vaccination.

Consequently, the court denied the petitioner's claim and his subsequent motion for attorneys' fees and costs, determining there was no reasonable basis for filing the claim.