Timothy Nabulsi v. HHS - Influenza, Guillain-Barre Syndrome (2020)

Timothy Nabulsi filed a petition for vaccine compensation on March 14, 2019, alleging that an influenza vaccine caused him to develop Guillain-Barre Syndrome (GBS). The respondent was the Secretary of Health and Human Services.

The public decision does not describe the specific date of vaccination or the onset of symptoms. The petitioner was represented by Gregory Spizer, Esq., and the respondent was represented by Voris Johnson, Esq.

Special Master Mindy Michaels Roth issued the decision. The petitioner filed a Motion for Dismissal Decision on June 15, 2020, requesting that the case be dismissed.

To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either that they suffered a "Table Injury" (an injury listed in the Vaccine Injury Table) corresponding to their vaccination, or that their injury was actually caused by a vaccine. The record in this case did not contain evidence that the petitioner suffered a "Table Injury." Furthermore, the record did not include persuasive evidence indicating that the petitioner's alleged injury was vaccine-caused or vaccine-related.

The decision noted that a petition cannot be based solely on the petitioner's claims; it must be supported by medical records or the opinion of a competent physician. The public decision states that there were insufficient medical records supporting the petitioner's claim and that no medical opinion supporting a finding of entitlement was offered.

Consequently, Special Master Roth concluded that the petitioner failed to demonstrate either a "Table Injury" or that his injuries were "actually caused" by a vaccination. The case was dismissed for insufficient proof, and the Clerk was directed to enter judgment accordingly.

The decision was issued on July 16, 2020.