Dionni de la Cruz v. HHS - Influenza, Guillain-Barré Syndrome (2018)

Filed 2017-01-23Decided 2018-01-23Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Dionni De La Cruz filed a petition on January 23, 2017, alleging that a trivalent influenza vaccine received on October 2, 2015, caused her Guillain-Barré Syndrome (GBS). In the alternative, she alleged the vaccine significantly aggravated a pre-existing condition.

The medical records indicated that her GBS onset occurred more than eight weeks after the vaccination. The Special Master, Laura D.

Millman, noted that an onset of GBS more than two months after a flu vaccination is generally not considered compensable. Petitioner's counsel was Joseph A.

Vuckovich, and respondent's counsel was Darryl R. Wishard.

Petitioner subsequently filed a motion to dismiss her own petition, stating she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable and a waste of resources for the court, respondent, and the Vaccine Program. The Special Master granted the motion, dismissing the case.

The decision noted that the petitioner had not filed a medical expert opinion to support her allegations and that the respondent did not contest the dismissal. The public decision does not describe the specific symptoms, medical tests, or treatments related to the alleged GBS, nor does it name any medical experts or detail a specific mechanism of causation beyond the temporal relationship.

Theory of causation

Petitioner Dionni De La Cruz alleged that an influenza vaccine administered on October 2, 2015, caused Guillain-Barré Syndrome (GBS) or significantly aggravated a pre-existing condition. The case was dismissed upon petitioner's motion. The Special Master, Laura D. Millman, noted that the medical records showed GBS onset more than eight weeks after vaccination, which is generally not considered compensable. Petitioner did not file a medical expert opinion to support her allegations. The respondent did not contest the dismissal. The theory of causation was considered "Off-Table" by the database, and the public decision does not detail a specific medical theory, logical sequence of cause and effect, or proximate temporal relationship beyond the noted delay in onset. Petitioner's counsel was Joseph A. Vuckovich, and respondent's counsel was Darryl R. Wishard. The case was dismissed on January 23, 2018, with no award amount.

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