VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01318
Package ID: USCOURTS-cofc-1_22-vv-01318
Petitioner: Cecilia M. Baker
Filed: 2022-09-19
Decided: 2023-11-22
Vaccine: influenza
Vaccination date: 2019-10-07
Condition: Guillain-Barré syndrome (“GBS”)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-01318-0
Date issued/filed: 2023-11-22
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 10/24/2023) regarding 22 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:22-vv-01318-UNJ Document 23 Filed 11/22/23 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1318V
UNPUBLISHED
HOWARD W. BAKER, JR., as
executor of the estate of CECILIA M. Chief Special Master Corcoran
BAKER,
Filed: October 24, 2023
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Milton C. Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 19, 2022, Howard Baker filed a petition for compensation on
behalf of Cecilia Baker under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa—10 through 34,2 (the “Vaccine Act”). Petitioner alleged that Ms. Baker
developed Guillain-Barré syndrome (“GBS”) and ultimately died from an influenza Ms.
Baker received on October 7, 2019. ECF No. 1.
On October 23, 2023, Petitioner filed a motion for a decision dismissing the
petition. ECF No. 21. For the reasons set forth below, Petitioner’s motion is GRANTED,
and this case is DISMISSED.
Relevant Procedural History
Petitioner filed some medical records with the petition. The Pre-Assignment
Review (“PAR”) Initial Order required Petitioner to file additional statutorily required
documents. ECF No. 5. Petitioner filed some additional medical records and eventually
filed a Statement of Completion on April 13, 2023. ECF No. 15.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:22-vv-01318-UNJ Document 23 Filed 11/22/23 Page 2 of 3
On July 7, 2023, an order issued requiring Petitioner to file an amended petition
and additional medical records. ECF No. 17. On August 31, 2023, Petitioner filed
records from a medical provider not identified in the July 7, 2023 order and a status
report requesting a Rule 5 status conference regarding onset. ECF Nos. 18, 19.
Petitioner did not file an amended petition or the medical records required by the July 7,
2023 order.
Petitioner’s request for a Rule 5 status conference was denied because the
prerequisite Rule 4(c) report had not yet been filed by Respondent and the case was
still undergoing the initial PAR process. ECF No. 20. Petitioner was again ordered to file
an amended petition and medical records to complete the PAR process.
On October 23, 2023, Petitioner filed a motion for a decision dismissing the
petition stating that an “investigation of the facts and science supporting his case has
demonstrated to petitioner that pursing a compensation claims within the Vaccine
Program is unlikely to result in a recovery sufficient to justify further litigation.”
ECF No. 21 at 1.
Grounds for Dismissal
To receive compensation under the National Vaccine Injury Compensation
Program, a petitioner must prove either 1) that the vaccinee suffered an “on-Table
Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of
the listed vaccines within the applicable time frames, or 2) that the vaccinee suffered an
injury not listed the Table or outside the applicable time frames, an “off-Table injury,”
that was actually caused by a listed vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1).
Petitioner alleged an on-Table injury, i.e., that Ms. Baker’s GBS and death were caused
by the influenza vaccination.
Despite alleging an on-Table injury, that would entitle Petitioner to the presumption
of causality, Petitioner stated that he believed his case was unlikely to result in a “recovery
sufficient to justify further litigation” and has requested dismissal. Based on his request
for a status conference, Petitioner appears to have been concerned with the onset of Ms.
Baker’s symptoms following vaccination. To be entitled to the presumption of causation,
and a higher likelihood of compensation on the vaccine claim, Petitioner would need to
establish that Ms. Baker’s onset of GBS symptoms occurred within the time range on the
Vaccine Table, from 3 to 42 days. 42 C.F.R. § 100.3(a)(XIV)(D). As alleged in the petition,
Ms. Baker reported that the onset of symptoms, numbness and weakness, occurred
about two weeks before a December 9, 2019 appointment. Exhibit 3 at 23. These
symptoms would place onset approximately 49 days after the October 7, 2019 influenza
vaccination, outside the time range permitted by the Vaccine Table. While Petitioner was
unlikely to establish an on-Table injury within the time range, Petitioner could have
pursued an off-Table injury of GBS with onset outside the time range, but Petitioner did
not choose to do so.
For an off-Table injury, a petitioner must satisfy all three of the elements
established by the Federal Circuit in Althen v. Sec’y of Health & Hum. Servs., 418 F.3d
2

Case 1:22-vv-01318-UNJ Document 23 Filed 11/22/23 Page 3 of 3
1274, 1278 (2005): “(1) a medical theory causally connecting the vaccination and the
injury; (2) a logical sequence of cause and effect showing that the vaccination was the
reason for the injury; and (3) a showing of proximate temporal relationship between
vaccination and injury.” Petitioner has not submitted sufficient evidence to establish the
Althen prongs, such as an expert report proposing a medical theory.
Thus, Petitioner has failed to establish entitlement to compensation in the Vaccine
Program. This case is dismissed for insufficient proof. The clerk shall enter
judgment accordingly.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 If Petitioner wishes to bring a civil action, she must file a notice of election rejecting the judgment
pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”
3