Bobbie A. Windhorst v. HHS - Influenza, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2017)

Bobbie A. Windhorst filed a petition for Vaccine Compensation on September 6, 2013, alleging that an influenza vaccination caused her to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP).

The respondent was the Secretary of Health and Human Services. Following an onset hearing on February 23, 2016, Special Master Mindy Michaels Roth found that Ms.

Windhorst did not begin to experience symptoms of CIDP until January 2011, and more likely in May or June 2011. Ms.

Windhorst was ordered to provide a copy of this fact ruling to her expert witnesses for reports based on these facts. According to petitioner's moving papers, her experts were no longer able to opine on her behalf after receiving the fact ruling.

On March 27, 2017, Ms. Windhorst filed a Motion for Dismissal Decision, requesting that her case be dismissed.

Special Master Roth granted the motion, noting that to receive compensation, a petitioner must prove either a "Table Injury" corresponding to the vaccination or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injury was vaccine-caused or vaccine-related.

The Special Master further stated that under the Act, a petition cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion. As there were insufficient medical records and no medical opinion supporting a finding of entitlement, Ms.

Windhorst failed to demonstrate either a "Table Injury" or that her injuries were "actually caused" by a vaccination. The case was dismissed for insufficient proof.

The public decision was issued by Special Master Mindy Michaels Roth on March 27, 2017. Petitioner's counsel was Barbara Bonar of B.

Dahlenburg Bonar P.S.C., and respondent's counsel was Claudia Gangi from the U.S. Dept. of Justice.