Timothy W. Massa v. HHS - Influenza, Guillain-Barré syndrome (2019)

Timothy W. Massa filed a petition alleging he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on September 21, 2016.

The petition was filed on May 2, 2018. Mr.

Massa later filed an unopposed motion to dismiss his own petition, stating he was unable to secure evidence to prove entitlement to compensation under the National Vaccine Injury Compensation Program. He conceded that proceeding further would be unreasonable and a waste of resources.

Respondent did not object 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 his alleged GBS. The court also noted that claims must be supported by medical records or a physician's opinion, neither of which were sufficient in this case.

Therefore, the case was dismissed for insufficient proof.