James Russell v. HHS - Influenza, Guillain-Barré Syndrome (2023)

James Russell filed a petition for compensation under the National Vaccine Injury Compensation Program on February 18, 2021, alleging that an influenza vaccine administered on October 26, 2018, caused him to develop Guillain-Barré Syndrome (GBS). The case progressed, but the petitioner later investigated the facts and science supporting his claim and concluded he would be unable to prove entitlement to compensation.

Consequently, on March 7, 2023, Mr. Russell moved for a decision dismissing his petition, stating that proceeding further would be unreasonable and would waste the resources of the court, the respondent, and the Vaccine Program.

He understood that a dismissal would result in a judgment against him and end his rights in the Program, but he intended to preserve his right to file a civil action. The Special Master reviewed the record and Mr.

Russell's motion and found that he did not meet the statutory requirements for entitlement. Therefore, the case was dismissed, and judgment was entered against the petitioner.