Amber Etheridge v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2020)

Amber Etheridge filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barré syndrome (GBS) due to an influenza vaccine received on September 24, 2012. She initially claimed this as a Table injury.

The respondent moved to dismiss the case, arguing that the petition was untimely filed and that the petitioner failed to establish the residual effects of her injury for more than six months. The court noted that the onset of symptoms, occurring two days after vaccination, did not meet the Table's timeframe for GBS.

Furthermore, the medical records cast significant doubt on whether the petitioner actually suffered from GBS, with some physicians suggesting psychosomatic causes. The court also found that the petitioner could not demonstrate the injury persisted for the required six months.

Because the claim did not meet the Table requirements and was filed outside the standard statute of limitations, and given the failure to meet the severity requirement, the case was dismissed as untimely and for failure to prosecute.