Rasheedah Smith v. HHS - Influenza, Guillain-Barre syndrome (2018)

Rasheedah Smith filed a petition alleging that an influenza vaccine received on September 14, 2014, caused her to develop Guillain-Barre syndrome (GBS) or aggravated a pre-existing condition. Her counsel filed medical records but later moved to withdraw, stating that Ms.

Smith needed to provide additional information. Following a status conference, the court ordered the Respondent to file a motion to dismiss.

The Respondent argued that the medical records lacked proof of the September 14, 2014 vaccination and did not contain records of the hospitalization for respiratory failure and weakness as alleged. The Respondent also noted that records indicated Ms.

Smith had the flu and joint pain several months after the alleged vaccination date, and received a flu vaccine during a hospitalization in late December 2014, which was not the vaccination cited in the petition. Ms.

Smith's counsel responded that she believed her GBS was vaccine-related and requested to seek new counsel, but failed to provide further information or contact the court. The court found insufficient evidence to prove a Table Injury or that the vaccine caused the alleged injury, noting the lack of basic medical records, including proof of the vaccination itself.

The case was dismissed for failure to meet the burden of proof and lack of progress.