Wade Allen Martin v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2022)

Wade Allen Martin filed a petition alleging he suffered Guillain-Barré syndrome (GBS) after receiving an influenza vaccine on October 20, 2017. The petition was filed on October 19, 2020, just before the statute of limitations expired.

Respondent argued that the injury did not meet the Table definition for GBS following a flu vaccine because symptoms began prior to vaccination and did not meet the additional criteria in the Qualifications and Aids to Interpretation (QAI). The court initially found that the record did not support a finding of Table GBS or vaccine causation, and directed the petitioner to show cause why the claim should not be dismissed.

After receiving extensions, the petitioner moved to dismiss his own petition, stating he did not wish to proceed and intended to elect to file a civil action. The court found that the record lacked sufficient medical records or opinions to demonstrate that the petitioner suffered GBS that met the Table definition or was caused by the flu vaccine.

Therefore, the court denied the claim and dismissed the case for insufficient proof.