Linda Alvarez v. HHS - Influenza, Guillain Barré syndrome (“GBS”) (2017)

Filed 2016-11-01Decided 2017-10-02Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Linda Alvarez filed a petition on November 1, 2016, alleging that she developed Guillain Barré syndrome (GBS) after receiving an influenza vaccine on November 13, 2013. The respondent argued that Ms.

Alvarez had not established a logical sequence of cause and effect between the vaccine and her GBS, citing a five-month gap between vaccination and symptom onset and incomplete medical records. Ms.

Alvarez later indicated that she had obtained a preliminary expert report that was not favorable to her claim and that she did not have a physician who could establish a connection between her GBS and the flu vaccine, noting that her gastric bypass surgery was also a known cause of GBS. Consequently, Ms.

Alvarez filed a motion to dismiss her petition, admitting she could not prove entitlement to compensation. The court granted the motion, dismissing the case for insufficient proof and entering judgment against Ms.

Alvarez.

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