Timothy Goddard v. HHS - Influenza, Bell's Palsy (2019)

On December 6, 2018, Timothy Goddard filed a petition in the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on August 31, 2016, caused him to develop Bell's Palsy with residual injuries and/or complications lasting more than six months. The public decision does not describe the petitioner's counsel or respondent's counsel.

The record did not establish entitlement to an award. On April 25, 2019, Mr.

Goddard filed a motion to dismiss his claim, stating that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation. He understood that a dismissal would result in a judgment against him, ending his rights in the Vaccine Program, and he intended to elect to reject the judgment to file a civil action in the future.

The respondent did not oppose the motion. Special Master Thomas L.

Gowen noted that to receive compensation, a petitioner must prove either a "Table Injury" or an injury caused-in-fact by a covered vaccine. The record did not support a finding of a "Table injury." Furthermore, the record lacked persuasive evidence that the flu vaccine caused the injury.

The Special Master stated that compensation cannot be awarded solely based on a petitioner's claims; medical records or a physician's opinion are required. The medical records did not establish causation for a "Table Injury" or an "off-Table" injury caused-in-fact by the vaccine.

Additionally, no expert report was submitted to support the claim for an "off-Table" injury. As Mr.

Goddard had not met his burden of proof, his claim could not succeed and had to be dismissed. Special Master Gowen granted the motion, dismissing the case for insufficient proof.

The Clerk of the Court was directed to enter judgment accordingly. The public decision does not specify any award amount or annuity terms.