Claudine Carter v. HHS - Influenza, Guillain-Barré syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Claudine Carter alleged that an influenza vaccination on October 20, 2016, caused her to develop Guillain-Barré syndrome (GBS), which she believed entitled her to compensation under the Vaccine Injury Table. She filed her petition with the Court of Federal Claims on October 16, 2018.
Over time, she submitted medical records and statements of completion. The Secretary of Health and Human Services argued against compensation, disputing Ms.
Carter's GBS diagnosis and the timing of her symptoms relative to the Table criteria. The Secretary also noted that Ms.
Carter had not provided a medical opinion connecting the vaccine to her condition for any off-Table claim. After a status conference, Ms.
Carter was ordered to further develop the factual record and obtain an expert report. However, on June 11, 2020, Ms.
Carter informed the court that she had decided not to pursue her claim and would file a dismissal. She subsequently moved for a decision dismissing her petition on June 16, 2020, conceding that she would be unable to prove entitlement to compensation.
The Secretary did not oppose the dismissal. The Special Master granted the motion, finding that Ms.
Carter had not established a Table Injury and dismissing the case for insufficient proof.
Source PDFs
USCOURTS-cofc-1_18-vv-01659