Pamela Vardine v. HHS - Influenza, Guillain-Barré syndrome (2019)

Pamela Vardine filed a petition alleging she developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on February 26, 2015. She filed her petition with the Court of Federal Claims on April 23, 2018.

After reviewing the available medical records, scientific literature, and consulting with a medical expert, Ms. Vardine concluded that she would be unable to prove her entitlement to compensation under the National Vaccine Injury Compensation Program.

She subsequently filed a motion to dismiss her own petition, stating that proceeding further would be unreasonable and would waste the resources of the court, the respondent, and the program. The respondent, the Secretary of Health and Human Services, had no objection to the dismissal.

The court noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine actually caused the injury. The record did not contain evidence of a Table Injury, nor persuasive evidence that the flu vaccine caused Ms.

Vardine's alleged GBS. Furthermore, the petition was not supported by sufficient medical records or a competent physician's opinion.

Consequently, the case was dismissed for insufficient proof.