Thomas Bedell v. HHS - Influenza, Guillain-Barré Syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
On March 19, 2019, Christine Bedell filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of her son, Thomas Bedell, who was allegedly injured by an influenza vaccine administered on August 15, 2013, resulting in Guillain-Barré Syndrome (GBS). Petitioner acknowledged that neither she nor the respondent could obtain any record confirming the vaccine administration.
Without this documentation, Petitioner understood she could not prove entitlement to compensation. Consequently, on September 25, 2020, Petitioner moved for a decision dismissing her petition, acknowledging that insufficient evidence existed to demonstrate entitlement to compensation.
Petitioner was advised that a decision dismissing her petition would result in a judgment against her, ending all her rights in the Vaccine Program. To receive compensation, Petitioner must prove that her son received a vaccine covered by the program and then suffered either a "Table Injury" corresponding to a covered vaccine or an injury actually caused by a covered vaccine.
The public decision does not describe the specific symptoms, medical tests, or treatments related to Thomas Bedell's alleged GBS. The record shows no evidence that Thomas Bedell received an influenza vaccine on August 15, 2013, as alleged.
Under the Vaccine Act, a petition must be supported by medical records or a medical opinion. The record in this case does not contain sufficient medical records or a medical opinion to demonstrate that Petitioner received or was injured by a vaccine covered by the Vaccine Program.
Chief Special Master Brian H. Corcoran denied the claim and dismissed the case for insufficient proof, as there was no evidence that Thomas Bedell received the alleged vaccine or suffered an injury covered by the Vaccine Program.
Judgment was entered against the petitioner. Petitioner's counsel was Lawrence R.
Cohan. Respondent's counsel was Heather Lynn Pearlman.
Theory of causation
Petitioner alleged that Thomas Bedell suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on August 15, 2013. The petition was filed on March 19, 2019, by Christine Bedell on behalf of her son. The case was dismissed because neither the petitioner nor the respondent could obtain any record confirming vaccine administration. Petitioner acknowledged that without this documentation, she could not prove entitlement to compensation. The Special Master noted that to receive compensation, Petitioner must prove receipt of a covered vaccine and a subsequent "Table Injury" or vaccine-caused injury. The public decision does not describe the specific mechanism of injury, expert testimony, or medical opinions presented. The Special Master, Chief Special Master Brian H. Corcoran, dismissed the petition for insufficient proof, stating there was no evidence of vaccine receipt or a covered injury. Judgment was entered against the petitioner. Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Heather Lynn Pearlman. The decision date was October 27, 2020.
Source PDFs
USCOURTS-cofc-1_19-vv-00404