Ernestine Irene Allen v. HHS - Influenza, Guillain-Barré syndrome (2023)

Ernestine Irene Allen, through her executrix Theresa Crowell, filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that her mother received an influenza vaccine on October 14, 2020, and subsequently developed Guillain-Barré syndrome (GBS) which resulted in her death. The petitioner later moved for a decision dismissing the petition, stating that an investigation of the facts and science demonstrated an inability to prove entitlement to compensation.

The petitioner acknowledged that proceeding would be unreasonable and waste resources, and that a dismissal would result in a judgment against her, which she intended to elect to reject to preserve her right to file a civil action in the future. The court noted that the petitioner could not be awarded compensation based on her claim alone and must be supported by medical records or a medical opinion, which were not submitted and could not be obtained.

Consequently, the Chief Special Master denied the claim for compensation and dismissed the case for insufficient proof, with judgment to be entered accordingly.