VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00395
Package ID: USCOURTS-cofc-1_19-vv-00395
Petitioner: Timothy Nabulsi
Filed: 2019-03-14
Decided: 2020-07-16
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barre Syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Timothy Nabulsi alleged that an influenza vaccine caused Guillain-Barre Syndrome (GBS). The case was dismissed for insufficient proof. The petitioner failed to demonstrate either a "Table Injury" or that the GBS was actually caused by the vaccination. The record lacked sufficient medical records or a competent physician's opinion to support the claim. The public decision does not specify the vaccination date, age at vaccination, or provide details on the mechanism of injury or expert testimony. The case was dismissed by Special Master Mindy Michaels Roth on July 16, 2020, with petitioner represented by Gregory Spizer, Esq., and respondent by Voris Johnson, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00395-0
Date issued/filed: 2020-07-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/15/2020) regarding 36 Dismissal DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (arm) Service on parties made.
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Case 1:19-vv-00395-UNJ Document 37 Filed 07/16/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-395V
Filed: June 15, 2020
* * * * * * * * * * * * * *
TIMOTHY NABULSI, * UNPUBLISHED
*
Petitioner, *
* Dismissal; Influenza (“Flu”)
v. * Vaccine; Guillain-Barre
* Syndrome (“GBS”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Gregory Spizer, Esq., Anapol Weiss, Philadelphia, PA, for petitioner.
Voris Johnson, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION1
Roth, Special Master:
On March 14, 2019, petitioner filed a petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that an influenza (“flu”) vaccine
caused him to develop Guillain-Barre Syndrome (“GBS”). The information in the record, however,
does not show entitlement to an award under the Program. On June 15, 2020, petitioner filed a
Motion for Dismissal Decision requesting that his case be dismissed. ECF No. 35.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the
Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:19-vv-00395-UNJ Document 37 Filed 07/16/20 Page 2 of 2
To receive compensation under the Program, petitioner must prove either 1) that he
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to his vaccination, or 2) that he suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that
petitioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence
indicating that petitioner’s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the petitioner’s
claims alone. Rather, the petition must be supported by either medical records or by the opinion
of a competent physician. § 13(a)(1). In this case, because there are insufficient medical records
supporting petitioner’s claim, a medical opinion must be offered in support. Petitioner, however,
has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate
either that he suffered a “Table Injury” or that his injuries were “actually caused” by a vaccination.
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2