Douglas J. Hoos v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) (2024)

Douglas J. Hoos filed a claim alleging that he suffered Guillain-Barre Syndrome (GBS) or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of his October 23, 2017 influenza vaccination.

The respondent argued that the petitioner could not meet the requirements for a Table Injury of GBS and that his medical records were inadequate to demonstrate causation in fact under the Althen test, noting that his acute neuropathy began more than four months after his vaccination. A fact hearing was held to address the onset of the alleged condition, during which the petitioner and his wife testified.

The testimony indicated earlier, episodic neurologic symptoms, but the Special Master felt expert opinion would be appropriate to guide fact-finding regarding onset. Petitioner was granted multiple extensions to file an expert report but ultimately failed to do so, leading to an Order to Show Cause.

Despite further opportunities and extensions, petitioner's counsel stated they were unable to retain an expert. The Special Master noted that the medical records did not support the allegations by a preponderance of the evidence, and no expert opinion was provided to support vaccine causation.

The case was dismissed for failure to establish a prima facie case of entitlement to compensation.