Mark Crosby v. HHS - Influenza, Guillain-Barré syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Mark Crosby filed a petition on September 26, 2018, alleging that an influenza vaccination received on October 21, 2016, and a pneumococcal vaccination received on January 25, 2017, caused him to develop Guillain-Barré syndrome (GBS). The Secretary of Health and Human Services opposed compensation, arguing that Mr.
Crosby's GBS onset 105 days after the flu vaccine was outside the accepted timeframe for causation. The Secretary also noted that Mr.
Crosby had a prior upper respiratory infection and stated that no medical opinion connected GBS to the pneumococcal vaccine. Mr.
Crosby was unable to retain an expert to provide a supportive opinion for his off-Table claims. Consequently, Mr.
Crosby moved for a decision dismissing his petition, conceding he would be unable to prove entitlement to compensation. Special Master Christian J.
Moran granted the motion, finding insufficient proof, and dismissed the case. No award was granted.
Petitioner counsel was Michael A. Galasso.
Respondent counsel was Althea W. Davis.
Theory of causation
Petitioner Mark Crosby alleged that an influenza vaccine on October 21, 2016, and a pneumococcal vaccine on January 25, 2017, caused Guillain-Barré syndrome (GBS). The alleged injury was off-Table. The Secretary argued that the GBS onset 105 days after the flu vaccine was outside the accepted timeframe for causation and that there was no medical opinion connecting GBS to the pneumococcal vaccine. Petitioner was unable to retain an expert to provide a supportive opinion. Petitioner moved for dismissal, conceding he could not prove entitlement. Special Master Christian J. Moran granted the motion and dismissed the case for insufficient proof on August 14, 2020. Petitioner counsel was Michael A. Galasso; respondent counsel was Althea W. Davis.
Source PDFs
USCOURTS-cofc-1_18-vv-01478