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

Richard Pendergraft filed a petition alleging that he suffered Guillain-Barré syndrome as a result of an influenza vaccine he received on October 9, 2019. The respondent, the Secretary of Health and Human Services, opposed compensation, arguing that Mr.

Pendergraft's diagnosis was unclear and that there was no objective evidence of limb weakness or a monophasic illness pattern. The respondent also noted that his EMG showed evidence of other nerve issues.

After the respondent filed their report, Mr. Pendergraft moved for a decision dismissing his own petition, stating that an investigation into the facts and science supporting his case demonstrated he would be unable to prove entitlement to compensation.

He understood that this dismissal would result in a judgment against him but reserved his right to file a civil action in the future. The court granted Mr.

Pendergraft's motion, finding that the record did not contain sufficient evidence to establish a Table Injury or that the alleged injury was vaccine-caused. Consequently, Mr.

Pendergraft's claim was denied and the case was dismissed for insufficient proof.