Terri E. Scarbro v. HHS - Influenza, Guillain-Barré Syndrome (2021)

Terri E. Scarbro filed a petition on October 25, 2017, alleging that the influenza vaccine she received on October 31, 2014, caused her to suffer Guillain-Barré Syndrome (GBS).

The Secretary of Health and Human Services challenged causation, particularly concerning the timing of the alleged onset of the condition. Both parties submitted medical records and expert reports over several years.

Petitioner filed an onset affidavit on November 5, 2018, and additional medical records between November 2018 and April 2019. Petitioner indicated a desire to submit an expert report at a status conference on May 3, 2019, and subsequently filed an expert report from Dr.

Lock on February 7, 2020, after multiple extensions. The Secretary filed an expert report from Dr.

Callaghan on April 28, 2020. Supplemental expert reports were filed by both parties in October and December 2020.

On February 17, 2021, petitioner stated she did not wish to file additional expert reports and inquired about settlement negotiations, to which the Secretary responded on February 19, 2021, that he did not wish to engage in such negotiations. On March 9, 2021, Special Master Christian J.

Moran issued a tentative finding denying entitlement, noting insufficient evidence for a GBS diagnosis and that the likely onset was too long after vaccination to satisfy Althen prong 3. Following a status conference on March 17, 2021, during which petitioner requested time to decide whether to proceed or seek dismissal, Ms.

Scarbro filed a motion to dismiss her petition on May 20, 2021. The respondent did not file a response.

Special Master Moran granted the motion, dismissing the case with prejudice for insufficient proof, as the petitioner had not met her burden to establish causation. The decision was issued by Special Master Christian J.

Moran.