Maria Herrera v. HHS - Influenza, Guillain-Barre syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
Maria Herrera filed a petition on February 13, 2018, alleging that she suffered from Guillain-Barre syndrome (GBS) as a result of an influenza vaccine she received on October 18, 2016. The case progressed as an off-Table claim, as the medical records were insufficient to prove a Table Injury, and Herrera did not provide a supportive expert opinion.
On March 4, 2019, Herrera filed a Motion to Dismiss her own petition, stating that an investigation demonstrated she would be unable to prove entitlement to compensation. The court found the record lacked persuasive evidence that the flu vaccine caused her alleged injury and that the medical records were insufficient to prove her claim.
Consequently, the case was dismissed for insufficient proof. The Special Master was Herbrina Sanders.
The decision was issued on April 9, 2019. Petitioner appeared pro se, and Respondent was represented by Lisa Ann Watts.
The public decision does not describe the onset, symptoms, specific medical tests, or treatments related to Ms. Herrera's condition, nor does it name any medical experts.
Theory of causation
Petitioner Maria Herrera alleged Guillain-Barre syndrome (GBS) following an influenza vaccine on October 18, 2016. The case was treated as an off-Table claim. Petitioner filed a Motion to Dismiss on March 4, 2019, conceding inability to prove entitlement. The Special Master, Herbrina Sanders, found the record lacked persuasive evidence of causation and that medical records were insufficient to prove the claim. No expert opinions were filed by the petitioner. The case was dismissed for insufficient proof on April 9, 2019. Petitioner appeared pro se; Respondent was represented by Lisa Ann Watts.
Source PDFs
USCOURTS-cofc-1_18-vv-00221