Jan Skugstad v. HHS - Influenza, Guillain Barré Syndrome (2021)

Jan Skugstad filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2017, alleging that an influenza vaccine caused him to develop Guillain Barré Syndrome (GBS). The Special Master's decision, issued on November 24, 2021, noted that the information in the record was insufficient to establish entitlement to an award.

To receive compensation, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury," nor did it provide persuasive evidence that the alleged GBS was vaccine-caused or vaccine-related.

The Act requires that petitions be supported by medical records or a competent physician's opinion. In this case, the medical records were insufficient, and the medical opinion offered was not adequate to support a finding of entitlement.

Consequently, the Special Master determined that the petitioner failed to demonstrate either a "Table Injury" or that his injuries were "actually caused" by a vaccination. The case was dismissed for insufficient proof, and judgment was entered accordingly.

Petitioner was represented by David Carney, Esq., and respondent was represented by Nancy Tinch, Esq. The decision was issued by Special Master Mindy Michaels Roth.