Gloria Blocker Clark v. HHS - Influenza, Guillain-Barré Syndrome (2019)

Filed 2018-12-27Decided 2019-04-16Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Gloria Blocker Clark filed a petition alleging that an influenza vaccination on September 25, 2015, caused her to develop Guillain-Barré Syndrome (GBS) with residual injuries lasting over six months. The case was filed on December 27, 2018.

After reviewing the facts and science, Ms. Clark determined she could not prove her case and filed a motion to dismiss her claim.

She understood that this dismissal would end her rights in the Vaccine Program but intended to preserve her right to file a civil action. Respondent did not oppose the motion.

The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine caused the injury in fact. The record did not support a finding of a Table Injury, nor did it contain persuasive evidence that the flu vaccine caused her GBS.

Furthermore, Ms. Clark had not submitted an expert report to support her off-Table claim.

As she had not met her burden of proof, her claim was dismissed for insufficient proof.

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