Carl J. Colopietro v. HHS - Influenza, Guillain-Barré Syndrome (2017)

Carl J. Colopietro filed a petition on February 21, 2017, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination he received on October 1, 2015.

The respondent, the Secretary of Health and Human Services, initially opposed compensation. Following further investigation, Mr.

Colopietro filed a motion to dismiss his own claim on November 16, 2017. He stated that he would be unable to establish the required causation under the Althen standard.

The public decision does not detail the specific symptoms, onset, or diagnostic tests for Mr. Colopietro's GBS.

The medical records, as described in the decision, suggested that the onset of GBS occurred outside the recognized timeframe for a Table injury and that Mr. Colopietro had an upper respiratory infection prior to reporting GBS symptoms.

His neurologist noted that the onset occurred two weeks after a viral illness. The decision also notes that the petitioner did not claim a "Table Injury" and that the Vaccine Injury Table, as revised on March 21, 2017, lists GBS with onset 5-42 days after the flu vaccine.

Since Mr. Colopietro filed his claim before this revision, he was required to prove causation-in-fact with support from medical records or an expert opinion, neither of which he was able to provide.

The Special Master, Thomas L. Gowen, agreed that the petitioner would be unable to prove entitlement to compensation.

The case was dismissed for insufficient proof, resulting in a judgment against the petitioner. Petitioner's counsel was Matthew Belanger of Faraci Lange LLP, and respondent's counsel was Kathryn Robinette of the United States Department of Justice.

The public decision does not mention any award amount or annuity terms.