Deborah Casteel v. HHS - Pneumococcal, Guillain-Barré syndrome (GBS) / Chronic inflammatory demyelinating polyneuropathy (CIDP) (2023)
Case summary [AI summaries can sometimes make mistakes]
Deborah Casteel filed a petition on May 27, 2022, alleging she suffered Guillain-Barré syndrome (GBS) from a pneumococcal vaccine received on May 28, 2019. Respondent filed a report arguing that entitlement should be denied, stating that the contemporaneous medical records indicated Petitioner's providers diagnosed her condition as Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), not GBS.
Respondent also noted that Petitioner had not provided a medical expert report to support her claim. After missing deadlines for submitting an expert report, Petitioner filed a motion to dismiss her petition, stating that an investigation demonstrated she would be unable to prove entitlement to compensation.
The Special Master granted the motion, dismissing the petition and entering judgment against Petitioner, noting that a petitioner must provide evidence beyond their own claims, such as medical records or a competent medical expert's opinion, to succeed in the Vaccine Program.
Source PDFs
USCOURTS-cofc-1_22-vv-00588