H.R. v. HHS - Influenza, Guillain-Barré syndrome (2020)

H.R. filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2018, alleging that an influenza vaccine administered on November 5, 2017, caused him to develop Guillain-Barré Syndrome (GBS). The petitioner later filed a motion to dismiss his own case on October 7, 2020.

He stated that an investigation into the facts and science demonstrated he would be unable to prove entitlement to compensation. H.R. understood that this dismissal would result in a judgment against him and would end his rights in the Vaccine Program, but he intended to preserve his right to file a civil action.

To receive compensation, a petitioner must prove either a Table injury or that the vaccination actually caused the injury. The record indicated that H.R. did not meet the statutory requirements for entitlement.

Consequently, the Special Master found that H.R. was not entitled to compensation and dismissed the case, directing the Clerk to enter judgment accordingly.