Mohsin Bhojani v. HHS - Influenza, Guillain-Barré syndrome (GBS) Miller Fisher variant and other injuries (2021)

Mohsin Bhojani filed a claim seeking compensation for Guillain-Barré syndrome (GBS) Miller Fisher variant and other injuries allegedly resulting from an influenza vaccine received on September 22, 2015. His petition was filed on August 31, 2018.

Mr. Bhojani alleged that he developed walking problems and weakness starting around September 30, 2015.

The respondent questioned the GBS diagnosis and noted that the alleged onset of symptoms appeared to be outside the 42-day window for a Table claim. Over time, the alleged diagnosis was updated to myasthenia gravis.

Despite numerous court orders requiring him to file affidavits and status reports to demonstrate his interest in continuing the litigation, Mr. Bhojani failed to respond or comply.

His attorney made multiple attempts to contact him without success. Consequently, the court dismissed the case for failure to prosecute.

The decision also noted that even if Mr. Bhojani had prosecuted the case, the medical records suggested a potential onset of symptoms approximately six months after vaccination, which would be a significant temporal gap for a Table claim.