Janmarie Mazzone v. HHS - Influenza, Guillain-Barré Syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
Janmarie Mazzone filed a petition alleging that the influenza vaccine she received on November 30, 2021, caused or significantly aggravated her Guillain-Barré Syndrome (GBS). She filed her petition with the Court of Federal Claims on December 22, 2022.
The Secretary of Health and Human Services contested entitlement, arguing that Ms. Mazzone's claim was not an "on-Table" GBS injury because symptom onset occurred approximately 55 days after vaccination.
The respondent also noted that Ms. Mazzone had not provided an expert report and that her treating doctors attributed her GBS to a COVID-19 infection.
After the parties were unable to resolve the case informally and a status conference was held, Ms. Mazzone moved for additional time to file an expert report and to seek alternative counsel.
Subsequently, on July 1, 2024, Ms. Mazzone moved to dismiss her own case.
The court granted her motion, dismissing the case with prejudice for insufficient proof. Ms.
Mazzone did not meet the burden of proof for an off-Table claim, as she did not present a medical theory causally connecting the vaccine to her GBS, nor did she establish a proximate temporal relationship. She also failed to meet the burden for a significant aggravation claim, as she did not establish prior GBS or a medical theory linking the vaccine to a significant aggravation of her condition.
No compensation was awarded.
Source PDFs
USCOURTS-cofc-1_22-vv-01891