Donald Winter v. HHS - Influenza, Guillain-Barré syndrome (GBS) and other related injuries (2020)

Donald Winter filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2019, alleging that he suffered from Guillain-Barré syndrome (GBS) and other related injuries as a result of an influenza vaccination he received on September 14, 2015. Respondent filed a report stating that Petitioner failed to provide preponderant evidence of causation and that his petition should be denied.

The Special Master granted Petitioner an opportunity to retain an expert, setting a deadline for an expert report. However, Petitioner subsequently filed a motion to dismiss his claim, indicating that an investigation demonstrated he would be unable to prove entitlement to compensation.

The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or expert opinion. As there was insufficient evidence in the record for Petitioner to meet his burden of proof, the case was dismissed for insufficient proof.