Herman Hogge, Jr v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) (2020)

Herman Hogge, Jr. filed a petition on February 28, 2018, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccine administered on October 13, 2016, caused him to suffer from Guillain-Barré syndrome (GBS).

The Special Master reviewed the record and noted that the information provided did not demonstrate entitlement to an award under the Program. On April 6, 2020, Mr.

Hogge filed a motion to dismiss his case. In his motion, he stated that he had presented all relevant evidence and did not intend to file further evidence.

He waived his right to any hearing or further proceedings and moved for a decision denying compensation. Mr.

Hogge acknowledged that a decision by the Special Master would result in a judgment against him, ending his rights under the Vaccine Act. He also stated his intention to reject the Vaccine Program judgment to pursue a civil action.

The Special Master, Nora Beth Dorsey, reviewed the petitioner's motion and the record. She found that Mr.

Hogge did not meet the statutory requirements for entitlement to compensation, which require proving either a "Table Injury" or that the vaccination actually caused the injury. Consequently, the Special Master dismissed the case and ordered that judgment be entered against the petitioner.

The case was dismissed on May 1, 2020.