David Kaanoi, Jr. v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2016)

David Kaanoi, Jr. filed a petition on December 3, 2015, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his October 9, 2012 influenza vaccination. The petitioner was represented by Alison H.

Haskins of Maglio Christopher and Toale, PA. The respondent was represented by Traci R.

Patton of the U.S. Department of Justice.

On December 2, 2015, the petitioner moved for a decision dismissing his petition, acknowledging that insufficient evidence existed to demonstrate entitlement to compensation. The petitioner stated that an investigation of the facts and science supporting his case had shown he would be unable to prove his entitlement to compensation under the National Vaccine Injury Compensation Program.

To receive compensation, a petitioner must prove either a "Table Injury" – an injury listed on the Vaccine Injury Table corresponding to a vaccination – or that the vaccine actually caused the injury. The public decision does not describe the specific onset or symptoms of the alleged GBS, nor does it mention any medical records or expert opinions that were reviewed.

The record did not disclose evidence of a Table Injury, nor did it contain a medical expert's opinion or other persuasive evidence indicating the GBS was vaccine-caused. Chief Special Master Nora Beth Dorsey noted that under the Vaccine Act, a petitioner cannot be awarded compensation based solely on their claims; the petition must be supported by medical records or a medical opinion.

As the record did not contain sufficient medical records or a medical opinion to demonstrate that the vaccinee was injured by the vaccine, the claim for compensation was denied, and the case was dismissed for insufficient proof. Judgment was entered against the petitioner.

The public decision does not describe any specific award amount or annuity terms.