Ronald D. Klopfenstein v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2016)

Ronald D. Klopfenstein filed a petition for vaccine compensation on January 8, 2016, alleging that an influenza vaccine caused him to develop Guillain-Barre Syndrome (GBS).

The petition was filed by attorney Kelly D. Burdette.

The respondent was the Secretary of Health and Human Services, represented by attorney Lisa A. Watts.

To be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate either that they suffered a "Table Injury" listed in the Vaccine Injury Table corresponding to the vaccination, or that the injury was actually caused by a vaccine. The Special Master's decision noted that the record did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence indicating that Mr.

Klopfenstein's alleged GBS was vaccine-caused or vaccine-related. The petition must be supported by medical records or the opinion of a competent physician.

In this case, the record did not contain sufficient medical records to support the claim, nor did the petitioner offer a medical opinion supporting a finding of entitlement. Consequently, on July 29, 2016, the petitioner filed a joint stipulation of dismissal.

The Special Master, Mindy Michaels Roth, issued a decision on August 25, 2016, dismissing the case for insufficient proof. The Clerk was directed to enter judgment accordingly.