Russell DeVoe v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2022)

Russell DeVoe filed a petition for compensation under the National Vaccine Injury Compensation Program on March 8, 2022, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 30, 2017. After investigating the facts and science, Mr.

DeVoe concluded that he would be unable to prove entitlement to compensation. He filed a motion requesting a decision dismissing his petition, stating that proceeding further would be unreasonable and would waste resources.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record did not disclose evidence of a Table Injury, nor did it contain a medical expert’s opinion or other persuasive evidence indicating that the alleged injury was vaccine-caused.

The court found that the petition was not supported by sufficient medical records or opinions to demonstrate a vaccine injury. Therefore, Mr.

DeVoe's claim for compensation was denied, and the case was dismissed for insufficient proof.