Nicole Muller v. HHS - Influenza, Guillain-Barre Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
Nicole Muller filed a petition on September 2, 2014, on behalf of her minor child, A.M., alleging that A.M. suffered from Guillain-Barre Syndrome (GBS) as a result of FluMist vaccinations received on November 1, 2011, and December 28, 2011. A fact hearing was held on November 17, 2016, to determine the vaccination date.
In a decision issued on February 27, 2017, the Special Master determined that A.M. received only one FluMist vaccination on November 1, 2011. During a status conference on April 4, 2017, the Special Master noted that the onset of A.M.'s GBS occurred outside the established window for vaccine causation.
The petitioner was granted 30 days to decide how to proceed. On April 27, 2017, the petitioner filed a motion to dismiss her petition, stating that an investigation of the facts and science supporting her case demonstrated she would be unable to prove entitlement to compensation.
The Special Master found no evidence that A.M. suffered a "Table Injury" or that the FluMist vaccination actually caused her injury. The public decision does not describe the specific symptoms, medical records, or treatments for A.M.'s condition.
The petitioner did not offer a medical opinion to support her case, and the medical records were deemed insufficient to establish entitlement. Consequently, the case was dismissed for insufficient proof by Chief Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Nicole Muller, on behalf of minor A.M., alleged Guillain-Barre Syndrome (GBS) resulting from a FluMist vaccination on November 1, 2011. The Special Master determined A.M. received only one FluMist vaccination on November 1, 2011. The onset of A.M.'s GBS was noted to be outside the window for vaccine causation. Petitioner filed a motion to dismiss, stating an inability to prove entitlement, as an investigation of facts and science demonstrated she could not prove a "Table Injury" or that the FluMist vaccination caused the injury. The public decision does not name experts or describe a specific mechanism of causation. The case was dismissed for insufficient proof because medical records were insufficient and no expert medical opinion was offered to support the claim. Chief Special Master Nora Beth Dorsey issued the decision on April 28, 2017.