Heather Doucette v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Heather Doucette filed a petition alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on October 14, 2016. The case was filed on August 9, 2018.
However, Ms. Doucette later moved for a decision dismissing her petition, stating that she would be unable to prove entitlement to compensation.
The court noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccination actually caused the injury. The decision highlighted that Ms.
Doucette's alleged vaccine-related injury symptoms resolved within four to five months, failing to meet the six-month residual effect requirement for compensation. Furthermore, the court found that her injury did not meet the Vaccine Injury Table criteria for GBS following a flu vaccination, as her reported symptoms did not align with the diagnostic requirements, and her treating physicians had suggested alternative diagnoses such as sinusitis and fibromyalgia.
The court also noted the absence of supporting medical records or an expert physician's opinion. Consequently, the case was dismissed for insufficient proof of causation, and Ms.
Doucette was informed that this judgment would end her rights in the Vaccine Program.
Source PDFs
USCOURTS-cofc-1_18-vv-01161