Sheila Goins v. HHS - Influenza, neurological symptoms and Guillain-Barre Syndrome (GBS) (2017)

Filed 2015-08-10Decided 2017-04-04Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Sheila Goins filed a petition on August 10, 2015, alleging that she suffered neurological symptoms and Guillain-Barre Syndrome (GBS) caused by an influenza vaccination received on August 8, 2012. Ms.

Goins was 45 years old at the time of the alleged vaccination. The petition stated that her injuries persisted for more than six months.

The Special Master's decision focused on the petitioner's failure to prove that the vaccination occurred. Despite multiple status conferences and extensions, Ms.

Goins was unable to produce any documentary evidence, such as contemporaneous medical records or billing statements, confirming she received an influenza vaccine on August 8, 2012. She submitted affidavits from herself, her daughter, her mother, and a friend, but these were not corroborated by medical professionals or billing records.

Billing records from Tennova Healthcare, obtained via subpoena, indicated that no influenza vaccinations were administered at the hospital in August 2012. Furthermore, these hospital records noted that Ms.

Goins had been previously immunized for the current flu season and that it was no longer influenza season. The Center for Disease Control's (CDC) 2012-2013 Seasonal Influenza Vaccine Dose Distribution Schedule, filed by the respondent, showed that influenza vaccines were not available until September 7, 2012.

The Special Master noted that Ms. Goins' prior medical history included chronic migraines, chronic back pain, osteoarthritis, paresthesias, chest pain, hypertension, GERD, anxiety, depression, fatigue, and bipolar disorder.

She had received an influenza vaccine on December 9, 2011. Her medical records from August 2012 documented a gallbladder surgery and subsequent recovery, with no mention of a flu vaccination.

She was later hospitalized for observation for possible GBS, with symptoms including body pain, fatigue, and numbness in her feet progressing up to her knees. During this hospitalization, she denied any recent vaccinations.

Because Ms. Goins failed to meet the preponderance of the evidence standard to show that the vaccine was administered, her petition was dismissed by Special Master Mindy Michaels Roth on April 4, 2017.

Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Alexis B. Babcock.

Theory of causation

Petitioner Sheila Goins alleged Guillain-Barre Syndrome (GBS) caused by an influenza vaccination on August 8, 2012, at age 45.25. The petition was filed August 10, 2015, and dismissed April 4, 2017, by Special Master Mindy Michaels Roth. The core issue was proof of vaccination. Petitioner submitted lay affidavits from herself, her daughter, mother, and a friend, but no medical records or billing statements confirmed the vaccination. Tennova Healthcare records showed no flu vaccines administered in August 2012 and noted petitioner was already immunized and it was out of season. CDC vaccine distribution data indicated availability only from September 7, 2012. Petitioner's medical records from August 2012 documented gallbladder surgery and recovery, with no mention of a flu vaccine. Later hospitalization for GBS symptoms occurred, during which she denied recent vaccinations. Petitioner failed to meet the preponderance of the evidence standard for vaccine administration. Petitioner's counsel was Leah VaSahnja Durant; respondent's counsel was Alexis B. Babcock.

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