Jeffery Smith v. HHS - Influenza, Guillain-Barré syndrome (2024)

Jeffery Smith filed a petition alleging Guillain-Barré syndrome (GBS) caused by a flu vaccine received on October 3, 2016. After settlement discussions broke down, Respondent filed a report arguing entitlement should be denied due to insufficient evidence to rule out other causes.

Both parties submitted expert reports. During a Rule 5 conference, the Special Master indicated a belief that Petitioner had a viral infection rather than dysautonomia.

Following this, Petitioner requested a ruling on the record and subsequently filed a motion to dismiss his own petition, stating he would be unable to prove entitlement. The Special Master granted the motion, dismissing the petition and ordering judgment against Petitioner, as he could not meet his burden of proof for either a Table Injury or an off-Table vaccine-caused injury.