Robert Kirk Collier, Jr. v. HHS - Influenza, Guillain-Barré Syndrome (2018)

Robert Kirk Collier, Jr. filed a petition on January 4, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Guillain-Barré Syndrome as a result of an influenza vaccination received on October 12, 2013.

The respondent, the Secretary of Health and Human Services, filed a report contesting the petitioner's right to damages and requesting dismissal. The petitioner later filed a motion to dismiss his own claim, stating that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or expert opinion. In this case, the court found insufficient evidence in the record for the petitioner to meet his burden of proof.

Consequently, the case was dismissed for insufficient proof.