Billy Beene v. HHS - Influenza, Guillain-Barré syndrome (2021)

Billy Beene filed a petition for compensation under the National Vaccine Injury Compensation Program on September 24, 2019, alleging he developed Guillain-Barré syndrome from an influenza vaccination received on October 10, 2016. Respondent filed a Rule 4(c) Report on July 15, 2020, stating the case was not appropriate for compensation, noting that the petitioner did not allege a Table claim and that his symptoms occurred approximately one hundred days after vaccination.

The petitioner requested extensions to file an expert report, but ultimately filed a motion to dismiss his own claim on January 12, 2021, stating he would be unable to prove entitlement to compensation. The Special Master granted the motion and dismissed the petition, noting that the petitioner must prove either a Table injury or that the vaccine actually caused the injury, supported by medical records or expert opinion, and that there was insufficient evidence in the record to meet this burden.