Gary Garner v. HHS - Influenza, Guillain Barré syndrome (2025)

Gary Garner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered from Guillain Barré syndrome (GBS) after receiving an influenza vaccine on October 3, 2019. He claimed this was a Table injury.

During a status conference, the Special Master noted that the existing records indicated Petitioner’s first symptoms appeared outside the 42-day time period set forth in the Vaccine Injury Table for presumed causation, with onset likely occurring in January 2020 or later, well beyond the accepted timeframe for even non-Table GBS claims. The Special Master directed Petitioner to show cause by September 12, 2023, why the claim should not be dismissed, warning that failure to respond would be interpreted as an inability to prosecute and would result in dismissal.

Petitioner never responded to this order. Consequently, the case was dismissed for failure to prosecute, as the existing record did not support the claim's onset timeframe and Petitioner failed to comply with court orders.