Robert Uhl v. HHS - Influenza, Guillain-Barré Syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Robert Uhl filed a petition alleging Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 13, 2016. The petition was filed on November 28, 2018.
Mr. Uhl later filed a motion to dismiss his own petition, stating he was unable to retain an expert witness to prove entitlement and that proceeding further would be unreasonable.
He understood that dismissal would result in a judgment against him and end his rights in the Vaccine Program for this matter. The court noted that to receive compensation, petitioners must prove either a Table Injury or causation-in-fact under the Althen standard, requiring a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship.
The court also stated that claims must be supported by medical records or expert opinion. As Mr.
Uhl could not meet these requirements and moved for dismissal, his motion was granted, and the case was dismissed for insufficient proof.
Source PDFs
USCOURTS-cofc-1_18-vv-01823