Jean Strone v. HHS - Influenza, Miller-Fisher variant of Guillain-Barré syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
Jean Strone filed a petition for compensation under the National Vaccine Injury Compensation Program on April 18, 2019, alleging that she suffered from the Miller-Fisher variant of Guillain-Barré syndrome (GBS) as a result of an influenza vaccination received on September 29, 2015. The petition stated that her GBS had an onset fifteen weeks after vaccination.
Respondent moved for an Order to Show Cause, noting that this onset was well beyond the established interval for medical feasibility. During a status conference, the Special Master expressed concerns about the onset timing and lack of corroborating evidence.
Petitioner's counsel conceded that the medical records and Petitioner's account of symptom onset were inconsistent and irreconcilable with the contemporaneous medical records. Following this, Petitioner filed a motion to dismiss her own petition, stating there was insufficient evidence to meet her burden of proof.
The Special Master granted the motion, dismissing the case for insufficient proof. No compensation was awarded.
Source PDFs
USCOURTS-cofc-1_18-vv-01237