Chelsie Decker v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2019)

Chelsie Decker filed a petition alleging that an influenza vaccine received on October 13, 2016, caused her to develop Guillain-Barré Syndrome (GBS) with residual injuries lasting over six months. She later filed a motion to dismiss her own claim, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation.

Decker understood that a dismissal would end her rights in the Vaccine Program and intended to preserve her right to file a civil action. To receive compensation, a petitioner must prove either a Table Injury or that the vaccine caused the injury in fact.

The decision noted that while GBS is listed on the Vaccine Injury Table for flu vaccines within the alleged timeframe, it was not clear that Decker actually had GBS, as the respondent disputed the diagnosis. The court also noted that Decker needed an expert to support the GBS diagnosis or establish causation for her alternative diagnosis of viral myositis with rhabdomyolysis, but she had not found an expert.

The court found that the medical records did not establish either a Table Injury or an off-Table injury caused by the vaccine, and Decker had not submitted an expert report. Therefore, her claim could not succeed and was dismissed for insufficient proof.