VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01497
Package ID: USCOURTS-cofc-1_17-vv-01497
Petitioner: Jan Skugstad
Filed: 2017-10-11
Decided: 2021-11-24
Vaccine: influenza
Vaccination date: 
Condition: Guillain Barré Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Jan Skugstad alleged that an influenza vaccine caused Guillain Barré Syndrome (GBS). The Special Master's decision of November 24, 2021, found the record insufficient to prove entitlement. Petitioner did not demonstrate a "Table Injury" or that the GBS was actually vaccine-caused. Insufficient medical records and an inadequate medical opinion were noted. The case was dismissed for insufficient proof. Petitioner was represented by David Carney, Esq., and respondent by Nancy Tinch, Esq. Special Master Mindy Michaels Roth issued the decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01497-0
Date issued/filed: 2021-11-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/20/2021) regarding 56 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:17-vv-01497-UNJ Document 58 Filed 11/24/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1497V
Filed: October 20, 2021
* * * * * * * * * * * * * *
JAN SKUGSTAD, * Dismissal; Influenza (“Flu”) Vaccine;
* Guillain Barré Syndrome (“GBS”)
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
David Carney, Esq., Green & Schafle LLC, Philadelphia, PA, for petitioner.
Nancy Tinch, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On October 11, 2017, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that the influenza (“flu”)
vaccination caused him to develop Guillain Barré Syndrome (“GBS”). The information in the
record, however, is not sufficient to show entitlement to an award under the Program. On October
19, 2021, petitioner filed a Motion for Dismissal Decision requesting that his case be dismissed.
ECF No. 55.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will
be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the
Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:17-vv-01497-UNJ Document 58 Filed 11/24/21 Page 2 of 2
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that he suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the petitioner’s
claims alone. Rather, the petition must be supported by either medical records or by the opinion
of a competent physician. § 13(a)(1). In this case, because there are insufficient medical records
supporting petitioner’s claim, a medical opinion must be offered in support. Petitioner offered a
medical opinion that was not sufficient to support a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate
either that he suffered a “Table Injury” or that his injuries were “actually caused” by a vaccination.
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2