Jean L. Buck v. HHS - Influenza, Guillain Barre Syndrome (2015)

Jean L. Buck filed a claim on April 21, 2015, on behalf of herself, alleging that she suffered Guillain Barre Syndrome (GBS) caused by an influenza vaccination she received on November 26, 2010.

The case was assigned to the Special Processing Unit. During a status conference held on March 31, 2015, petitioner's counsel, Carol Gallagher, appeared along with respondent's counsel, Jennifer Reynaud.

Petitioner's counsel indicated that after discussions and research, she concluded that the Afluria vaccination received by Ms. Buck was a trivalent influenza vaccine.

Counsel stated that the claim, filed on March 6, 2015, was outside the Vaccine Act's statute of limitations, which requires petitions to be filed within 36 months after the first symptom or manifestation of onset or significant aggravation of the injury. Petitioner's counsel further indicated that Ms.

Buck did not intend to pursue the claim. On April 1, 2015, the Special Master ordered petitioner to show cause why the case should not be dismissed as untimely filed.

Petitioner did not respond to this order. As petitioner conceded the claim was not filed within the required 36-month period, Chief Special Master Denise Kathryn Vowell dismissed the case as untimely filed under the statute of limitations.

The clerk was directed to enter judgment accordingly.