Diane M. Strout v. HHS - Influenza, Guillain-Barre Syndrome leading to death (2023)

On August 19, 2022, Chris L. Strout filed a petition as personal representative of the estate of his deceased mother, Diane M.

Strout. The petition alleged that Ms.

Strout developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on November 18, 2020, and that the GBS led to her death. Respondent concluded after informal review that the case was not appropriate for compensation and filed a Rule 4(c) report opposing the claim.

Chief Special Master Brian H. Corcoran then issued an order to show cause because the filed record indicated onset no later than November 20, 2020, two days after vaccination, which was outside the three-to-forty-two-day Table window for influenza-associated GBS.

The later attorney-fee decision also noted possible alternative causes in the record, including urinary tract infection/sepsis and E. coli-positive cultures around the vaccination period, and that petitioner had not offered an expert opinion explaining causation-in-fact. In response, petitioner moved to voluntarily dismiss the petition, stating that investigation of the facts and science showed he could not prove entitlement and that continuing would waste the resources of the court, respondent, and the Vaccine Program.

Chief Special Master Corcoran denied compensation and dismissed the case on November 20, 2023. A later attorney-fee award did not constitute injury compensation.