Misahel Avila v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2022)

Misahel Avila filed a petition on July 23, 2019, alleging Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on August 24, 2016. The respondent was the Secretary of Health and Human Services.

On January 12, 2022, Mr. Avila filed a motion to dismiss his own petition, stating he was unable to secure evidence to prove entitlement to compensation.

The respondent did not object to the dismissal. Special Master Herbrina Sanders noted that to receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a Table Injury or that the injury was actually caused by the vaccine.

The public decision does not describe the specific onset or symptoms of Mr. Avila's alleged GBS, nor does it detail any medical records, tests, or treatments.

The record did not contain evidence of a Table Injury, nor persuasive evidence that the alleged injuries were caused by the flu vaccine. The public decision states that medical records were insufficient and no expert opinion was filed.

Therefore, Special Master Sanders dismissed the case for insufficient proof. The Clerk was ordered to enter judgment accordingly.

Petitioner's counsel was Michael G. McLaren of Black McLaren, et al., PC.

Respondent's counsel was Julia M. Collison of the U.S.

Department of Justice.