Cecilia M. Baker v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) (2023)

Howard Baker, as executor of the estate of Cecilia Baker, filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that Ms. Baker developed Guillain-Barré syndrome (GBS) and died as a result of an influenza vaccination she received on October 7, 2019.

The petition was filed on September 19, 2022. The petitioner later filed a motion to dismiss the petition, stating that an investigation of the facts and science supporting the case demonstrated that pursuing a compensation claim was unlikely to result in a recovery sufficient to justify further litigation.

The court noted that Ms. Baker's alleged onset of GBS symptoms, approximately two weeks before a December 9, 2019 appointment, placed the onset about 49 days after the vaccination, which is outside the 3 to 42-day window for an on-Table injury.

The petitioner did not submit sufficient evidence to establish the elements for an off-Table injury, such as an expert report proposing a medical theory. Consequently, the court granted the motion to dismiss for insufficient proof.

The clerk was ordered to enter judgment accordingly.