Leonard Shearer v. HHS - Influenza, Guillain-Barre Syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
Leonard Shearer filed a petition for vaccine compensation on February 8, 2018, alleging that an influenza vaccination received in late February 2015 caused him to develop Guillain-Barre Syndrome (GBS). To be eligible for compensation, Mr.
Shearer was required to prove either that his condition was listed on the Vaccine Injury Table or that the vaccine actually caused his GBS. The Special Master noted that the record did not contain sufficient evidence of vaccination.
Furthermore, the record lacked persuasive evidence that Mr. Shearer's alleged injury was vaccine-related.
The public decision does not describe the onset of symptoms, specific medical records, diagnostic tests, or treatments. Mr.
Shearer did not offer medical records or the opinion of a competent physician to support his claim. Because Mr.
Shearer failed to demonstrate either a "Table Injury" or that his injury was vaccine-caused, the case was dismissed for insufficient proof. Special Master Mindy Michaels Roth ordered that judgment be entered accordingly.
The case was dismissed on June 28, 2019.
Theory of causation
Petitioner Leonard Shearer alleged that an influenza vaccine received in late February 2015 caused Guillain-Barre Syndrome (GBS). To receive compensation, Petitioner needed to prove either a "Table Injury" or that the vaccine actually caused his condition. The Special Master found that the record did not contain sufficient evidence of vaccination, nor persuasive evidence that the alleged injury was vaccine-related. Petitioner did not offer medical records or a competent physician's opinion to support the claim. The case was dismissed for insufficient proof by Special Master Mindy Michaels Roth on June 28, 2019. Petitioner's counsel was Richard Gage, Esq., and respondent's counsel was Claudia Gangi, Esq. The public decision does not specify the mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_18-vv-00197