Mary Brown v. HHS - Influenza, Guillain-Barré Syndrome (2022)

Filed 2020-11-24Decided 2022-08-22Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Mary Brown filed a petition for compensation under the National Vaccine Injury Compensation Program on November 24, 2020, alleging that the influenza vaccine caused her to develop Guillain-Barré Syndrome (GBS). The petition was filed by attorney Lisa Esser.

The respondent was the Secretary of Health and Human Services, represented by attorney Mitchell Jones. Special Master Mindy Michaels Roth presided over the case.

To be eligible for compensation, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the injury was actually caused by a vaccine. The record in this case did not contain evidence of a "Table Injury." Furthermore, the record lacked persuasive evidence demonstrating that Ms.

Brown's alleged GBS was vaccine-caused or vaccine-related. The decision noted that a petition must be supported by medical records or a competent physician's opinion.

In this instance, the provided medical records were insufficient, and no supporting medical opinion was offered by the petitioner. Consequently, Ms.

Brown failed to demonstrate entitlement to an award. On July 28, 2022, Ms.

Brown filed a Motion for Dismissal Decision, requesting that her case be dismissed. Special Master Roth granted this motion, dismissing the case for insufficient proof.

The decision does not specify the date of vaccination, the time to onset of symptoms, or provide details of any medical treatment or expert testimony.

Theory of causation

Petitioner Mary Brown alleged that the influenza vaccine caused her to develop Guillain-Barré Syndrome (GBS). The petition was filed on November 24, 2020. To establish entitlement, the petitioner must prove either a "Table Injury" or that the injury was "actually caused" by the vaccine. The record did not contain evidence of a "Table Injury." The Special Master found insufficient medical records and no competent physician's opinion to support the claim that the GBS was vaccine-caused. Petitioner subsequently filed a Motion for Dismissal Decision, which was granted by Special Master Mindy Michaels Roth on July 28, 2022, dismissing the case for insufficient proof. Petitioner's counsel was Lisa Esser, and respondent's counsel was Mitchell Jones. The decision does not specify the vaccine date, age at vaccination, onset details, or medical experts.

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