Renae Fitzgerald v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2023)

Renae Fitzgerald filed a petition alleging that he suffered Guillain-Barré syndrome (GBS) caused by a trivalent influenza vaccine received on September 29, 2017. He claimed the GBS met the Table definition or was caused-in-fact by the vaccine.

The case was filed on August 24, 2020. Despite multiple opportunities and orders, Mr.

Fitzgerald failed to provide sufficient evidence to establish that he suffered the residual effects of his alleged GBS for more than six months, as required by the Vaccine Act. Respondent argued that medical records indicated Petitioner had largely recovered within two months post-vaccination, with any remaining symptoms attributed to a longstanding history of diabetic polyneuropathy.

Ultimately, the court found that Petitioner failed to provide preponderant evidence to satisfy the Vaccine Act's severity requirement. Consequently, the case was dismissed for failure to prosecute.