VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01604
Package ID: USCOURTS-cofc-1_17-vv-01604
Petitioner: Terri E. Scarbro
Filed: 2017-10-25
Decided: 2021-07-07
Vaccine: influenza
Vaccination date: 2014-10-31
Condition: Guillain-Barré Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Terri E. Scarbro alleged that an influenza vaccine received on October 31, 2014, caused Guillain-Barré Syndrome (GBS). The petition was filed on October 25, 2017. The Secretary challenged causation, focusing on the timing of the alleged onset. Petitioner submitted medical records and expert reports, including from Dr. Lock, while the Secretary submitted an expert report from Dr. Callaghan. The Special Master issued a tentative finding on March 9, 2021, denying entitlement, stating that the petitioner had not persuasively established a diagnosis of GBS and that the likely onset, estimated as January 2015, was too long after the October 31, 2014 vaccination to satisfy Althen prong 3. The Special Master noted that Dr. Callaghan had superior qualifications regarding GBS diagnosis and treatment. On May 20, 2021, petitioner moved to dismiss her petition. Special Master Christian J. Moran granted the motion on July 7, 2021, dismissing the case with prejudice for insufficient proof, as the petitioner failed to meet her burden to establish causation, specifically regarding diagnosis and appropriate timing. The theory of causation was considered off-Table, and the case was dismissed without an award.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01604-0
Date issued/filed: 2021-07-07
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 06/11/2021) regarding 84 DECISION of Special Master. Signed by Special Master Christian J. Moran. (hh) Service on parties made.
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Case 1:17-vv-01604-UNJ Document 85 Filed 07/07/21 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
TERRI E. SCRABRO, *
*
*
* No. 17-1604V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: June 11, 2021
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Entitlement; dismissal.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Samantha P. Travis, Ogle Worm & Travis, PLLP, Kalispell, MT, for petitioner;
Ryan D. Pyles, United States Dep’t of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Terri Scarbro alleged that the influenza (“flu”) vaccine she received on
October 31, 2014, caused her to suffer Guillain-Barré Syndrome (“GBS”). Pet.,
filed Oct. 25, 2017, at 1. On May 20, 2021, Ms. Scarbro moved for a decision
dismissing her petition.
I. Procedural History
Terri Scarbro (“petitioner”) filed a petition on October 25, 2017. Along with
her petition, she filed relevant medical records. The Secretary then filed his Rule
4(c) report on September 18, 2018. In the report, the Secretary challenged
causation, particularly focusing on a lack of evidence regarding onset within an
1 The E-Government, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). Pursuant to Vaccine Rule 18(b), the parties have 14 days to
file a motion proposing redaction of medical information or other information described in 42
U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the
document posted on the website.

Case 1:17-vv-01604-UNJ Document 85 Filed 07/07/21 Page 2 of 3
appropriate time frame. Resp’t’s Rep. at 5-9. Petitioner filed an onset affidavit on
November 5, 2018. Between November 2018 and April 2019, petitioner submitted
additional medical records to support her claim.
At a status conference held on May 3, 2019, petitioner indicated a desire to
submit an expert report and the undersigned issued expert instructions. After
retaining Dr. Lock, petitioner requested a deadline of October 1, 2019, for her
expert report. Petitioner filed her expert report from Dr. Lock on February 7,
2020, after requested and being granted multiple extensions of time. The Secretary
filed his expert report from Dr. Callaghan on April 28, 2020. Petitioner and the
Secretary filed supplemental expert reports on October 4, 2020, and December 3,
2020, respectively.
On February 17, 2021, petitioner filed a status report stating that she did not
wish to file additional expert reports and had reached out to the Secretary to
determine whether the parties could enter into settlement negotiations. On
February 19, 2021, the Secretary filed a status report confirming that he did not
wish to engage in settlement negotiations.
On March 9, 2021, the undersigned issued an order for submissions in
advance of potential adjudication, along with a tentative finding regarding
entitlement. In this tentative finding, the undersigned found that, based on the
evidence submitted at that time, petitioner had not persuasively established a
diagnosis of GBS but, even if she had, “the likely onset is January 2015, which is
fairly long after her October 31, 2014 flu vaccination.” Tentative Finding Denying
Entitlement, filed Mar. 9, 2021, at 3. This was due to the relative qualifications of
the experts, as well as a lack of sufficient evidence regarding appropriate timing to
satisfy Althen prong 3.
A status conference was then held on March 17, 2021, in which petitioner
requested time to determine whether she wished to proceed with briefing or ask for
her case to be dismissed. On May 20, 2021, petitioner filed a motion for a decision
dismissing her petition. Respondent did not file a response to this motion. Thus,
this motion is ready for adjudication.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (hereinafter “the Program”), a petitioner must prove either 1) that the
vaccinee suffered a “Table Injury” – i.e., an injury falling within the Vaccine
2

Case 1:17-vv-01604-UNJ Document 85 Filed 07/07/21 Page 3 of 3
Injury Table – corresponding to one of the vaccinations, or 2) that the vaccinee
suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A)
and 300aa-11(c)(1). Under the Act, a 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.
§ 300aa-13(a)(1).
In this case, petitioner filed medical records and expert reports in support of
her claim, but wishes to have her claim dismissed and judgment entered against
her. Though petitioner filed this motion pursuant to 42 U.S.C. § 300aa—21(a)
(regarding voluntary dismissal), the undersigned will construe this as a motion
filed pursuant to 42 U.S.C. § 300aa—21(b) (regarding involuntary dismissal),
given petitioner’s clear intent that a judgment issue in this case, protecting her right
to file a civil action in the future. See Pet’r’s Mot., filed May 20, 2021, ¶¶ 3, 5.
To conform to section 12(d)(3), a decision must “include findings of fact and
conclusions of law.” Here, as addressed in the tentative finding denying
entitlement issued on March 9, 2021, based on the medical records and expert
reports submitted, petitioner has not met her burden to prove that the vaccine she
received caused GBS. As detailed in this tentative finding, respondent’s expert Dr.
Callaghan has superior qualifications regarding the diagnosis and treatment of
GBS. Petitioner also failed to present sufficiently persuasive evidence to establish
(1) diagnosis of GBS, and (2) appropriate timing that would satisfy Althen prong 3.
If petitioner is unlikely to establish the threshold requirement of a diagnosis or
prong 3, it follows that petitioner cannot establish prong 1 or prong 2. See Caves
v. Sec’y of Health & Human Servs., 100 Fed. Cl. 199, 145 (2011), aff’d without
op., 463 Fed. App’x 932 (Fed. Cir. 2012).
Thus, the Motion for Decision is GRANTED and this case is
DISMISSED WITH PREJUDICE for insufficient proof. The Clerk shall
enter judgment accordingly. See Vaccine Rule 21(b).
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
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