Vanetta Parshall v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2017)

Filed 2017-11-28Decided 2017-12-21Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Vanetta Parshall filed a claim alleging that an influenza vaccine she received on January 10, 2014, caused her to develop Guillain-Barré Syndrome (GBS). The respondent challenged the claim, questioning both the diagnosis of GBS and whether the vaccine was the cause-in-fact, noting the significant delay of 11 weeks between vaccination and symptom onset, which is longer than the typical onset window for GBS.

After a status conference and setting deadlines for expert reports, Ms. Parshall moved for a dismissal of her case.

She stated that an investigation into the science supporting her claim demonstrated she would be unable to prove causation under the Vaccine Act. The decision notes that this was an off-Table injury, requiring proof by a preponderance of the evidence that the vaccine caused the injury.

Because Ms. Parshall recognized the evidence was insufficient to establish causation, and instead elected to move for dismissal, her petition was dismissed for insufficient proof.

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