Frederick Messer v. HHS - Influenza, Guillain-Barré Syndrome (2023)
Case summary [AI summaries can sometimes make mistakes]
Frederick Messer filed a petition on April 1, 2020, alleging that he suffered from Guillain-Barré Syndrome (GBS) due to an influenza vaccine administered on October 17, 2018. The case progressed, and on November 2, 2023, Special Master Herbrina Sanders advised Petitioner that expert reports, without further medical records documenting a GBS diagnosis and treatment, would likely not meet the preponderance standard.
Following this, on December 1, 2023, Petitioner filed a motion to dismiss his petition, stating that he would be unable to prove entitlement to compensation. Petitioner's counsel was Emily Ashe of Anapol Weiss, and Respondent's counsel was Benjamin Warder of the U.S.
Department of Justice. The Special Master noted that the record did not contain evidence of a Table Injury or persuasive evidence that the vaccine caused the alleged injuries.
Furthermore, the medical records were insufficient to prove the claim, and Petitioner had not filed a supportive opinion on causation from an expert witness. Consequently, the case was dismissed for insufficient proof.
The Clerk was directed to enter judgment accordingly.
Theory of causation
Petitioner Frederick Messer alleged Guillain-Barré Syndrome (GBS) from an influenza vaccine received on October 17, 2018. The public decision does not describe the specific mechanism of injury or name any experts. Petitioner's counsel was Emily Ashe, and Respondent's counsel was Benjamin Warder. Special Master Herbrina Sanders presided. On November 2, 2023, the Special Master advised Petitioner that expert reports without further medical records documenting a GBS diagnosis and treatment would likely not meet the preponderance standard. On December 1, 2023, Petitioner moved to dismiss, stating he could not prove entitlement to compensation, as the record lacked evidence of a Table Injury or persuasive evidence of vaccine causation, and medical records were insufficient. The case was dismissed for insufficient proof on December 19, 2023.
Source PDFs
USCOURTS-cofc-1_20-vv-00369