Valerie W. Alexander v. HHS - Influenza, Guillain-Barré syndrome (2017)

Valerie W. Alexander filed a petition on November 22, 2016, alleging that an influenza vaccine received on November 29, 2013, caused her to develop Guillain-Barré syndrome (GBS).

The petition was filed pursuant to the National Vaccine Injury Compensation Program. Ms.

Alexander later filed a motion for a decision dismissing her petition on April 13, 2017, stating that an investigation of the facts and science supporting her case demonstrated she would be unable to prove entitlement to compensation. She understood that a dismissal would result in a judgment against her, ending her rights in the Vaccine Program, and she did not intend to file a future civil action.

The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" corresponding to the vaccination or that the vaccination actually caused the injury. The medical records indicated that Ms.

Alexander did not seek medical attention until September 2014, with symptom onset approximately one week earlier, about 10 months after vaccination. This timing presented a significant challenge to her case, especially as her affidavit suggested onset approximately two months after vaccination, which appeared inconsistent with other records.

The Special Master encouraged petitioner's counsel to consider whether the case should proceed. Based on the investigation of the facts and science, Ms.

Alexander concluded she could not prove entitlement. The Special Master found that the record lacked evidence of a "Table Injury" and persuasive evidence that the flu vaccination actually caused her alleged injuries.

Consequently, the case was dismissed for insufficient proof. The Clerk of the Court was directed to enter judgment accordingly.

Special Master Thomas L. Gowen issued the decision on April 14, 2017.

Wade H. Abed of Knutson & Casey Law Firm represented the petitioner, and Sarah C.

Duncan of the United States Department of Justice represented the respondent.