Charles Randall v. HHS - Tdap, Miller-Fisher variant of Guillain-Barré syndrome (2019)

Charles Randall filed a petition for compensation under the National Vaccine Injury Compensation Program on March 27, 2019, alleging he developed the Miller-Fisher variant of Guillain-Barré syndrome (MFS/GBS) as a result of a Tdap vaccination he received on November 2, 2015. Respondent filed a Rule 4(c) Report on July 25, 2018, stating that Petitioner had not met his burden of proof, specifically failing to establish a temporal or causal relationship between the vaccination and his MFS/GBS.

The respondent concluded that the petition should be dismissed due to a lack of evidence. The court ordered Petitioner to file an expert report, granting an extension, but Petitioner ultimately did not file one.

On March 25, 2019, Petitioner filed a motion to dismiss his own claim, acknowledging 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, and that claims must be supported by medical records or expert opinion, not just the petitioner's claims alone.

As there was insufficient evidence in the record to meet the burden of proof, and in accordance with Petitioner's motion, the case was dismissed for insufficient proof.