David Carl Letner v. HHS - Influenza, Guillain-Barré Syndrome (2021)

David Carl Letner, pro se, filed a petition on November 6, 2020, alleging that an influenza vaccine received in "Nov.-Dec. 2012" caused him to contract Guillain-Barré Syndrome (GBS) in "Jan. 2013." He sought evaluation and treatment for his illness. Petitioner's submissions included a record from the Bureau of Prisons indicating he received a flu vaccine on November 5, 2012.

Petitioner also stated in a handwritten note that this vaccination caused him to be admitted to Heartland Medical Hospital on December 5, 2012. The respondent moved to dismiss the case, arguing it was untimely filed.

Respondent cited 42 U.S.C. § 300aa-16(a)(2), which requires claims for Table injuries to be filed within 36 months of the first symptom's onset. Respondent also noted that under 42 U.S.C. § 300aa-16(b), Petitioner had until March 21, 2019, to file his petition, accounting for potential Table revisions.

Based on Petitioner's statements that he received the vaccine in November 2012 and experienced symptom onset in December 2012 or January 2013, Special Master Herbrina Sanders agreed that the November 6, 2020 petition was significantly past the filing deadline. Consequently, the case was dismissed as untimely.

The Clerk was ordered to enter judgment accordingly. Petitioner was represented by David C.

Letner, pro se. Respondent was represented by Adriana R.

Teitel. The decision was issued by Special Master Herbrina Sanders.