Gary Tucker v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2020)

Gary Tucker filed a petition for compensation under the National Vaccine Injury Compensation Program on January 3, 2019, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine and/or a pneumococcal conjugate (Prevnar 13) vaccine administered on November 7, 2016. The record did not demonstrate entitlement to an award.

On July 10, 2020, Mr. Tucker moved to dismiss his case, stating that he believed he would be unable to establish entitlement to compensation and that proceeding further would be unreasonable.

He understood that a decision dismissing his petition would result in a judgment against him, ending his rights under the Vaccine Act, and that he intended to preserve his right to file a civil action. The Special Master reviewed the record and Mr.

Tucker's motion, finding that he did not meet the statutory requirements for entitlement. Consequently, the case was dismissed, and judgment was entered against the petitioner.