Ramonita Estrella v. HHS - Influenza, Guillain-Barré syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Ramonita Estrella filed a petition alleging she developed Guillain-Barré syndrome (GBS) after receiving an influenza vaccine on November 25, 2015. She sought compensation under the National Vaccine Injury Compensation Program.
However, after investigating the facts and science, Ms. Estrella concluded that she would be unable to prove her entitlement to compensation.
She filed an unopposed motion to dismiss her petition, stating that proceeding further would be unreasonable and waste court 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 caused the injury. The record did not contain evidence of a Table injury, nor persuasive evidence that the flu vaccine caused Ms.
Estrella's alleged GBS. The court also found that the medical records were insufficient to prove her claim, and she had not provided a supportive expert opinion.
Consequently, the case was dismissed for insufficient proof.
Source PDFs
USCOURTS-cofc-1_18-vv-01050