David Replogle v. HHS - Influenza, Miller-Fisher variant of Guillain-Barre syndrome (GBS) (2018)

David Replogle filed a petition on October 5, 2016, alleging that he suffered from a Miller-Fisher variant of Guillain-Barre syndrome (GBS) due to an influenza vaccine he received on December 10, 2014. The case was initially assigned to a special processing unit.

Respondent filed a report on January 17, 2017, highlighting deficiencies in the claim. The Special Master ordered Petitioner to file an expert medical opinion by March 20, 2017.

Petitioner requested and was granted two extensions, but on June 16, 2017, his counsel filed another motion for an extension, citing difficulties contacting Petitioner. This motion was denied, and a status conference was held on July 13, 2017, where Petitioner's counsel informed the court of her intention to withdraw.

Petitioner was given ninety days to obtain new counsel, until October 12, 2017. The case was reassigned to multiple special masters before being reassigned to Special Master Katherine E.

Oler on December 7, 2017. Petitioner's counsel filed a motion to withdraw on December 13, 2017, which was granted on January 2, 2018, leaving Petitioner to represent himself pro se.

On April 5, 2018, during a status conference, Petitioner stated he was in Nevada without access to his case files and would formulate his position upon returning to Illinois in mid-May. Special Master Oler ordered Petitioner to file a status report by July 16, 2018.

Petitioner did not file the report and did not respond to an email from the Special Master's law clerk. Consequently, an Order to Show Cause was issued on August 9, 2018, setting a September 10, 2018 deadline for Petitioner to file the report or show cause why the case should not be dismissed for failure to prosecute and comply with prior orders.

Petitioner failed to respond to the Order to Show Cause. The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine, supported by medical records or a physician's opinion.

The public decision does not describe the specific onset or symptoms of the alleged GBS, nor does it name any medical experts consulted by either party. The Special Master found insufficient evidence in the record to support Petitioner's claim and dismissed the case for insufficient proof and failure to prosecute.

Judgment was entered accordingly on December 4, 2018. Petitioner was represented by Danielle Strait and later by himself pro se.

Respondent was represented by Ryan D. Pyles.

Special Master Katherine E. Oler issued the decision.