Sammy Satterwhite v. HHS - Influenza, Guillain Barre Syndrome (2020)

Sammy Satterwhite filed a petition for compensation under the National Vaccine Injury Compensation Program on February 6, 2019, alleging that he suffered Guillain-Barré Syndrome (GBS) following an influenza vaccination received on October 2, 2017. Mr.

Satterwhite submitted medical and chiropractic records, along with two affidavits, in support of his claim. During a status conference on May 7, 2019, the Special Master noted that entitlement could not be found if GBS onset occurred within hours of vaccination and suggested Mr.

Satterwhite consider filing a motion to dismiss. Despite this, Mr.

Satterwhite indicated he wished to proceed with his claim. Respondent filed a report on February 27, 2020, stating the case was not appropriate for compensation, arguing that Petitioner had not offered a reputable medical or scientific theory showing the flu vaccine caused his condition.

Following this, Mr. Satterwhite filed a status report indicating his intention to dismiss the case.

On June 11, 2020, Petitioner formally moved to dismiss his claim, stating he no longer wished to prosecute it. The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or expert opinion.

As there was insufficient evidence in the record for Petitioner to meet his burden of proof, the case was dismissed for insufficient proof, as requested by the Petitioner.