VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00631
Package ID: USCOURTS-cofc-1_24-vv-00631
Petitioner: Dennis Geary
Filed: 2024-04-22
Decided: 2025-04-07
Vaccine: influenza
Vaccination date: 2021-10-01
Condition: Guillain-Barre Syndrome (GBS)
Outcome: pending
Award amount USD: 

AI-assisted case summary:
On April 22, 2024, Dennis Geary filed a petition alleging that an influenza vaccination administered on October 1, 2021 caused Guillain-Barre Syndrome. He pursued the claim as a Table GBS case in the Special Processing Unit.

The dispute centered on onset. Table GBS requires onset between three and forty-two days after a seasonal flu vaccine. Mr. Geary's affidavit referred to symptoms around October 7, 2021, but contemporaneous medical records recorded symptoms beginning about one day after vaccination. Respondent objected to the Table claim, and Mr. Geary consented to dismissal of that Table theory.

Chief Special Master Brian H. Corcoran dismissed the Table GBS claim on April 7, 2025. The decision allowed the matter to proceed outside the Special Processing Unit on a possible off-Table causation-in-fact theory. No compensation award appears in the available public record.

Theory of causation field:
Influenza vaccine on October 1, 2021, allegedly causing GBS; TABLE GBS DISMISSED, off-Table claim pending. Table requires onset 3-42 days after flu vaccine; records indicated symptoms about one day after vaccination despite affidavit reference to October 7. Chief SM Corcoran dismissed the Table theory by consent and allowed non-SPU/off-Table proceedings. No award. Petition filed April 22, 2024; ruling April 7, 2025. Attorney: David John Carney.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00631-0
Date issued/filed: 2026-03-13
Pages: 3
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/16/2025) regarding 20 Findings of Fact & Conclusions of Law, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00631-UNJ Document 56 Filed 03/13/26 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-631V
DENNIS GEARY, Chief Special Master Corcoran
Petitioner, Filed: April 16, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Jay T. Williamson, U.S. Department of Justice, Washington, DC, for Respondent.
FINDINGS OF FACT AND CONCLUSIONS OF LAW DISMISSING TABLE CLAIM1
On April 22, 2024, Dennis Geary filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”),
alleging that as a result of his receipt of a flu vaccine on October 1, 2021, he suffered a Table
injury – Guillain-Barré syndrome (GBS). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters (the “SPU”) in August 2024.
Respondent filed his Rule 4(c) Report on February 21, 2025, setting forth objections to
compensation in this case. ECF No. 18. In sum, Respondent asserts that Petitioner has failed to
1 Because this ruling 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Case 1:24-vv-00631-UNJ Document 56 Filed 03/13/26 Page 2 of 3
establish that the onset of Petitioner’s injury began within the Table timeframe of 3-42 days. Id. at
6.
On March 18, 2025, I held a status conference in this matter, and advised the parties that
based upon my preliminary review of the records, a Table GBS claim was not likely tenable
(although Petitioner may be able to establish an off-Table claim). See Scheduling Order, dated
March 18, 2025. I therefore asked Petitioner to consider voluntarily dismissing the Table claim.
Id. If Petitioner wished to defend the Table claim, I told him I would issue an order instructing him
to show cause why it should not be dismissed. Id.
On March 28, 2025, Petitioner filed a status report indicating his willingness to dismiss the
Table GBS claim. ECF No. 19. He stated that he “agrees to withdraw the table injury claim of
GBS and instead pursue a causation-in-fact claim under Althen.” Id.
Pursuant to the Vaccine Injury Table, GBS is a compensable injury after receipt of the flu
vaccine if it manifests within 3-42 days of the vaccine’s administration. 42 C.F.R. §
100.3(a)(XIV)(D). (Further criteria for establishing a GBS Table Injury case be found under the
accompanying qualifications and aids to interpretation. 42 C.F.R. § 100.3(c)(15)). But as I
discussed during the status conference, the records suggest that the onset of Petitioner’s GBS
occurred within 24 hours of his October 1, 2021 vaccination. See, e.g., Ex. 3 at 6 (Petitioner
reported that the day after receiving the vaccine, he was walking around a Renaissance Fair and
noticed that his legs felt more fatigued and tired than usual, and that his legs were not working
properly); Ex. 3 at 10-12 (Petitioner reported to his treating neurologist that “on October 2 he was
at the Renaissance Festival” and noticed his legs getting tired very quickly and then later when he
got home he fell). Although Petitioner alleges in his affidavit that he was at the fair on October 7,
2021 (six days after his vaccination), this is in direct contrast to several medical records where he
reported that he attended the fair the day after his vaccination. Compare Ex. 2 at 2 with Ex. 3 at 6,
10-12; Ex. 5 at 52-55.
The medical records in this case thus fail to provide preponderant evidence that the onset
of Petitioner’s GBS occurred within the 3-42 day timeframe established by the Table. 42 C.F.R. §
100.3(a)(XIV)(D). Accordingly, dismissal of Petitioner’s Table GBS claim is warranted, as
consented to by Petitioner – although the matter may proceed outside of SPU as a causation-in-
fact claim.
Accordingly, for the above stated reasons I find3 that Petitioner has failed to
demonstrate the Table requirements for GBS (42 C.F.R. § 100.3(c)(15)), and hereby dismiss
Petitioner’s Table GBS claim. I will proceed with transferring Petitioner’s case out of SPU and
will randomly reassign the case to a special master to conduct further proceedings to establish
whether Petitioner has demonstrated an off-Table case.
3 I make these findings after a complete review of the record, including all medical records, affidavits, and all other
additional evidence and filings from the parties.
2

Case 1:24-vv-00631-UNJ Document 56 Filed 03/13/26 Page 3 of 3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3