Ellen Halm v. HHS - Influenza, Guillain-Barre Syndrome (2018)

Ellen Halm filed a petition on November 8, 2017, alleging that the influenza vaccine she received on December 4, 2013, caused her to develop Guillain-Barre Syndrome (GBS). The petition stated that her symptom onset occurred around 15 weeks after vaccination.

During a status conference, the Special Master expressed concerns about the claim's viability due to the unusually long onset period, noting that GBS claims typically require symptom onset within a week, or at most 6-8 weeks, post-vaccination. The Special Master informed Ms.

Halm that she would need to obtain an expert report to explain the lengthy onset if she intended to proceed. On November 6, 2017, Ms.

Halm filed a motion to dismiss her own petition, stating she would be unable to prove entitlement to compensation. Respondent did not object to the motion.

The Special Master 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. As there was insufficient evidence in the record and the onset period was significantly outside the typical window for GBS following vaccination, the case was dismissed for insufficient proof.