Alanna Sullivan Barker v. HHS - Influenza, Guillain-Barré Syndrome (2014)

Alanna Sullivan Barker filed a petition on October 21, 2013, alleging that a FluMist (intranasal influenza) vaccination she received on October 20, 2010 caused her to develop Guillain-Barré syndrome (GBS). Petitioner's attorney withdrew in February 2014 and petitioner proceeded pro se.

Pre-vaccination medical records documented longstanding conditions including anxiety disorder, fibromyalgia, diffuse pain syndrome, and right shoulder pain. No treating physician during the three months after vaccination identified any neurological abnormality; petitioner's neurological examinations were consistently normal, and she walked out of an emergency room during an argument with her husband — inconsistent with her claimed left-sided paralysis.

Only approximately five months post-vaccination did a physician (Dr. Moon) suggest GBS, a diagnosis Special Master Millman found completely untenable given normal neurological examinations throughout, a conflicting EMG and nerve conduction study showing no peripheral nervous system disease, and Dr.

Moon's internally inconsistent records. Petitioner orally moved to dismiss at an April 9, 2014 status conference.

Special Master Millman granted the motion and dismissed the petition on April 11, 2014, finding that petitioner failed Althen prong two (no credible medical expert support for causation — Dr. Moon's opinion was disqualified) and prong three (five-month interval from vaccination to first claimed neurological symptom was too long for GBS causation).

No compensation was awarded.