M.H. v. HHS - Influenza, Guillain-Barré syndrome (“GBS”), neuromyelitis optica, and demyelination type symptoms (2023)

Yashica Tuttle and Marcus Hairston, on behalf of their minor daughter M.H., filed a petition alleging that M.H. suffered Guillain-Barré syndrome (GBS), neuromyelitis optica, and demyelination type symptoms as a result of an influenza vaccine received on November 10, 2017. The petition was filed on November 17, 2020.

Respondent argued the case was not appropriate for compensation. Petitioners requested multiple extensions to obtain expert reports, indicating they needed additional testing and expert opinions to prove their case.

Ultimately, after conversations with qualified experts, petitioners concluded that further proceedings would be unreasonable and wasteful of resources. They moved for a decision dismissing their petition, stating that they would require additional testing to prove entitlement and that such testing was unlikely to be available in a reasonable time.

The court granted the motion and dismissed the petition, noting that petitioners had not met their burden of proof and that the petition was unsupported by sufficient evidence or expert opinion.