Jennifer Cortez v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Jennifer Cortez filed a claim alleging Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on September 20, 2016. The petition was filed on October 28, 2019.
Respondent initially intended to defend the claim and requested an expert report from the petitioner. However, the petitioner was unable to provide an expert report to support her claim, citing a complicated clinical picture.
Consequently, on March 29, 2021, the petitioner filed a Motion for a Decision Dismissing her Petition, understanding that this would result in a judgment against her and end her rights in the Vaccine Program. The court granted the motion, dismissing the petition for failure to establish a prima facie case of entitlement to compensation, as the petitioner's medical records did not substantiate her allegations and no medical opinion was provided.
The case was dismissed on April 23, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-01669