Rosalie Helen Pedersen v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2018)

Rosalie Helen Pedersen filed a petition on October 19, 2017, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on November 10, 2014. After investigating the facts and science, Ms.

Pedersen concluded that she would be unable to prove her entitlement to compensation under the National Vaccine Injury Compensation Program. She filed a motion to dismiss her petition, understanding that this would result in a judgment against her and end her rights in the program.

Respondent did not oppose the motion. The Special Master reviewed the record and found that it did not support a finding of a "Table Injury" nor did it contain persuasive evidence that the GBS was caused-in-fact by the flu vaccination.

The medical records did not establish causation, and Ms. Pedersen had not filed an expert report.

As she had not met her burden of proof, the case was dismissed for insufficient proof. Ms.

Pedersen elected to reject the program judgment to preserve her right to file a civil action.