Jessica Buckingham v. HHS - Influenza, Guillain-Barré syndrome (2019)

Jessica Buckingham filed a petition for compensation under the National Vaccine Injury Compensation Program on April 12, 2016, alleging that she developed Guillain-Barré syndrome (GBS) following receipt of an influenza vaccine on October 8, 2014. She submitted medical records and an expert report from Dr.

Alan J. Fink, who agreed that she had GBS but did not provide a specific causation theory or address the onset time.

Respondent argued that Petitioner failed to provide sufficient evidence, a medically plausible causation theory, and did not eliminate alternative causes, also contending the onset time was outside a medically plausible window. Respondent's expert, Dr.

Robert Fujinami, questioned the plausibility of GBS onset within 12-24 hours, suggesting a pre-existing upper respiratory tract infection as a more likely trigger. The Special Master noted concerns about the Petitioner's ability to prove a medically appropriate onset time of less than 12 hours and ordered her to show cause or file a motion to dismiss.

Ultimately, Petitioner filed a motion to dismiss, acknowledging she could not prove entitlement to compensation. The Special Master dismissed the case for insufficient proof, as Petitioner did not meet her burden of establishing either a Table injury or that the vaccine actually caused her GBS, supported by adequate medical evidence.