C.W. v. HHS - Influenza, Guillain-Barré syndrome (2022)

Casey Wilson, on behalf of her child C.W., filed a petition on October 25, 2019, alleging that an influenza vaccine administered on November 3, 2016, caused C.W. to develop Guillain-Barré syndrome (GBS). The respondent was the Secretary of Health and Human Services.

Petitioner counsel was Lawrence R. Cohan of Saltz Mongeluzzi & Bendesky, and respondent counsel was Steven Santayana of the U.S.

Department of Justice. Initial medical records filed by the petitioner indicated a flu vaccination on November 3, 2015, but not on November 3, 2016.

Given the alleged onset of symptoms around November 23, 2016, a vaccination date of November 3, 2015, would place the onset approximately 385 days post-vaccination, raising questions about the vaccination timeline. After multiple requests for extensions and attempts to secure vaccination records, the petitioner's counsel informed the court that Ms.

Wilson was unable to obtain records confirming a November 2016 vaccination. Ms.

Wilson acknowledged that without such records, her claim could not proceed. On January 14, 2022, Ms.

Wilson moved for a dismissal of her petition, stating that proceeding further would be unreasonable and a waste of resources. Following a status conference and a granted motion for authorization to issue a subpoena for the vaccination records from the HAWCC Clinic, Ms.

Wilson filed an update on April 18, 2022, stating that despite requests and the subpoena, HAWCC was unable to provide records documenting C.W.'s November 2016 vaccination. Therefore, Ms.

Wilson intended to proceed with her motion to dismiss. Special Master Christian J.

Moran granted the motion for decision, dismissing the case with prejudice due to insufficient proof of vaccination. The decision was issued on May 11, 2022.