Richard Patrick Divodi v. HHS - Influenza, Guillain Barré syndrome (2024)

Richard Patrick Divodi filed a petition alleging Guillain Barré syndrome (GBS) as a result of an October 11, 2018 influenza vaccination. He claimed the injury was a Table injury.

Respondent argued against compensation, stating that the GBS had resolved before the six-month severity requirement and that later symptoms were due to confounding conditions. Respondent also argued that the onset of GBS occurred sixty-five days after the vaccination, and that petitioner failed to show the vaccine caused the GBS, pointing to closer infections as a potential cause and noting the lack of expert opinion linking the GBS to the flu vaccine.

Petitioner's counsel was unsuccessful in finding an expert to connect the symptoms with the vaccination. Subsequently, the parties filed a Joint Stipulation of Dismissal.

The case was dismissed without prejudice.