Robert Thomas Frey v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2022)

Robert Thomas Frey filed a claim alleging that an influenza vaccine administered on October 8, 2017, caused him to develop Guillain-Barre Syndrome (GBS) within 42 days. The petition stated symptoms began two weeks post-vaccination.

However, the medical records indicated that Mr. Frey experienced bilateral lower extremity numbness starting around January 6, 2018, approximately 12 weeks after vaccination.

His treating physicians declined to attribute his GBS to the vaccination given the delayed onset. The court noted that the Vaccine Act prohibits rulings based solely on a petitioner's assertions without medical records or expert opinion.

Mr. Frey failed to provide a required expert medical opinion to support his claim of vaccine causation, either based on his initial account or the medical records showing a 12-week onset.

He also failed to comply with court orders to file an expert report and respond to show cause orders. Consequently, the case was dismissed both for failure to prosecute and for insufficient proof.