Bruce A. Ling Jr. v. HHS - Influenza, Guillain-Barré syndrome (2021)

Bruce A. Ling Jr. alleged that an influenza vaccination he received on November 8, 2011, caused him to develop Guillain-Barré syndrome (GBS).

This was Mr. Ling's third petition for the same vaccine and alleged injury; his prior cases were dismissed on the merits and for having a pending civil lawsuit, respectively.

In the current petition, Mr. Ling claimed a GBS diagnosis from Dr.

Hantz Hercule in December 2019. However, Mr.

Ling failed to provide minimally competent evidence to substantiate his claim. Despite multiple orders, he did not submit medical records from Dr.

Hercule confirming a GBS diagnosis. In fact, medical records indicated that Dr.

Hercule stated he could not provide a diagnosis for Mr. Ling.

Mr. Ling also submitted a video recording that did not contain a diagnosis and appeared to have been illegally obtained.

The court found that Mr. Ling did not present persuasive evidence of a GBS diagnosis, which is a requirement even for Table injuries.

Consequently, his petition was dismissed for failure to meet the preponderance of the evidence standard. The decision was issued on September 1, 2021, and the petition was filed on January 6, 2020.