Glenn Freie v. HHS - Prevnar 13, Axonal Sensorimotor Polyneuropathy (2021)

Glenn Freie filed a petition for vaccine compensation alleging that a Prevnar 13 vaccination on February 2, 2018, caused him to develop axonal sensorimotor polyneuropathy. He initially filed pro se and later obtained counsel, amending his petition to specify the injury.

To receive compensation, Mr. Freie needed to prove either a "Table Injury" or that the vaccine actually caused his condition.

The record did not indicate a Table Injury. He submitted three expert reports from his treating physician, Dr.

Davis, but these failed to satisfy the requirements for proving causation under the Althen prongs. Specifically, Dr.

Davis did not adequately explain the mechanism of injury for Prevnar 13 and axonal sensorimotor polyneuropathy, nor did he address Mr. Freie's pre-existing medical conditions that could have contributed to his symptoms.

Mr. Freie was ordered to either provide a sufficient expert report or move for dismissal.

On March 25, 2021, Mr. Freie filed a motion for dismissal, acknowledging that an investigation demonstrated he would likely be unable to succeed on his claim.

Consequently, the court dismissed the case for insufficient proof, as Mr. Freie failed to demonstrate entitlement to compensation.