Keanu Mitchell v. HHS - Influenza, Guillain-Barré syndrome (GBS) and Acute Inflammatory Demyelinating Polyneuropathy (AIDP) (2020)

Keanu Mitchell filed a petition on July 17, 2019, alleging that he suffered Guillain-Barré syndrome (GBS) and Acute Inflammatory Demyelinating Polyneuropathy (AIDP) as a result of an influenza vaccination received on October 5, 2016. He submitted medical records and an affidavit in support of his claim.

The Respondent, the Secretary of Health and Human Services, filed a report on December 16, 2019, stating that the case was not appropriate for compensation under the Act. After several extensions, Keanu Mitchell filed a motion to dismiss his own petition on September 3, 2020.

He stated that an investigation of the facts and science demonstrated he would be unable to prove entitlement to compensation. He understood that a dismissal would result in a judgment against him and that this would end his claim in the Vaccine Program.

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. In this case, there was insufficient evidence to meet the burden of proof.

Therefore, the case was dismissed for insufficient proof, and judgment was entered accordingly.