VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01732
Package ID: USCOURTS-cofc-1_24-vv-01732
Petitioner: Virginia Fisher
Filed: 2024-10-23
Decided: 2025-09-25
Vaccine: influenza
Vaccination date: 2021-09-07
Condition: Guillain-Barre syndrome and chronic inflammatory demyelinating polyneuropathy
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On October 23, 2024, Virginia Fisher, proceeding pro se, filed a petition alleging that an influenza vaccine administered on September 7, 2021, caused Guillain-Barre syndrome and later chronic inflammatory demyelinating polyneuropathy.

The medical record described substantial pre-existing and intervening medical issues, including gastric bypass surgery earlier in 2021, Hashimoto's thyroiditis, hypertension, musculoskeletal complaints, and later COVID-19 infection. In the weeks after vaccination, Ms. Fisher had right leg and knee complaints and then repeated emergency visits for nausea and vomiting. In November 2021, she was hospitalized after weeks of gastrointestinal symptoms and about a week of diplopia and headache, with lower-extremity numbness and weakness developing during the admission. She tested positive for COVID-19. Neurology suspected COVID-related GBS with cranial nerve involvement, lumbar puncture showed albuminocytologic dissociation, and she was treated with IVIG and then rehabilitation. Later records used CIDP diagnoses or considered other explanations including myasthenia gravis, nutritional neuropathy, hypothyroidism, and autoimmune disease.

Special Master Herbrina D.S. Young dismissed the petition as untimely. During a September 2025 status conference, Ms. Fisher recalled nausea and vomiting beginning around a birthday event in mid-October 2021; the records also contained possible earlier October 2021 symptom references. Even using the later recalled onset, the petition filed on October 23, 2024, was outside the Vaccine Act's 36-month limitations period. No compensation was awarded.

Theory of causation field:
Influenza vaccine, September 7, 2021, adult pro se petitioner with exact age not stated, alleged GBS/CIDP. DISMISSED as untimely. Medical history included gastric bypass, Hashimoto's thyroiditis, hypertension, musculoskeletal complaints, and later COVID-19 infection. Earliest potentially neurologic/GI onset dates in the record were October 2021, with hospitalization in November 2021 for COVID-positive illness, diplopia, facial weakness, lower-extremity numbness/weakness, LP albuminocytologic dissociation, and IVIG treatment. Special Master Young found the petition filed October 23, 2024 was more than 36 months after first symptom or manifestation even using petitioner's recalled mid-October onset. Award: none.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-01732-0
Date issued/filed: 2025-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/25/2025) regarding 28 DECISION of Special Master Signed by Special Master Herbrina D S Young. (gf) Service on parties made. (Main Document 29 replaced on 10/21/2025 to include reissued date and footnote) (sw). Petitioner served via e-mail on 10/21/2025 (sw).
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Case 1:24-vv-01732-UNJ Document 29 Filed 10/20/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Originally Filed: September 25, 2025
Reissued for Public Availability: October 20, 2025
* * * * * * * * * * * * * *
VIRGINA FISHER, *
*
Petitioner, * No. 24-1732V
*
v. * Special Master Young
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Virginia Fisher, pro se, Hornell, NY, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ENTITLEMENT12
On October 23, 2024, Virginia Fisher (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program”), 42
U.S.C. § 300aa-10 et seq. (2018). Petitioner alleged that she suffered Guillain-Barré Syndrome3
(“GBS”) and/or chronic inflammatory demyelinating polyneuropathy4 (“CIDP”) as the result of
an influenza (“flu”) vaccine administered on September 7, 2021. Pet. at 1, ECF No. 1.
Respondent argued against compensation, asserting that Petitioner’s claim was time-barred.
Resp’t’s Report at 16, n. 21, ECF No. 26.
1 Pursuant to Vaccine Rule 18(b), this decision was initially filed on September 24, 2025, and the parties
were afforded 14 days to propose redactions. The parties did not propose any redactions. Accordingly,
this decision is reissued in its original form for posting on the court’s website.
2 Although Respondent filed his Rule 4(c) Report and Motion to Dismiss together, because this was not
filed as a motion itself, this opinion is styled as a decision on entitlement and not a ruling on
Respondent’s motion.
3 GBS is a “rapidly progressive ascending motor neuron paralysis of unknown etiology, frequently seen
after an enteric or respiratory infection.” Guillain-Barré Syndrome, DORLAND’S MED. DICTIONARY
ONLINE, https://www.dorlandsonline.com/dorland/definition?id=110689 (last visited Sept. 24, 2025)
4 CIDP is “a slowly progressive, autoimmune type of demyelinating polyneuropathy characterized by
progressive weakness and impaired sensory function in the limbs and enlargement of the peripheral
nerves, usually with elevated protein in the cerebrospinal fluid.” Chronic Inflammatory Demyelinating
Polyneuropathy, DORLAND’S MED. DICTIONARY ONLINE.

Case 1:24-vv-01732-UNJ Document 29 Filed 10/20/25 Page 2 of 7
After carefully analyzing and weighing the evidence presented in this case in accordance
with the applicable legal standards, I find that Petitioner’s case is time-barred by the statute of
limitations under the Vaccine Act. Accordingly, Petitioner is not entitled to compensation.
I. Procedural History
Petitioner filed her petition, pro se, alleging GBS and/or CIDP on October 23, 2024. Pet.
Petitioner then filed medical records on December 17, 2024, and a statement of completion on
January 30, 2025. Pet’r’s Exs. 1–2, ECF No. 11; Pet’r’s Exs. 3–8, ECF No. 12. Following a
status report from Respondent, Petitioner filed additional medical records between April 15,
2025, and May 29, 2025, and a statement of completion on June 16, 2025. Pet’r’s Exs. 9–11,
ECF No. 16; Pet’r’s Ex. 12, ECF No. 18; Pet’r’s Ex. 13, ECF No. 20; ECF No. 21.
Respondent filed his Rule 4(c) Report, opposing compensation, on September 11, 2025.
Resp’t’s Report. In addition to other arguments, Respondent asserted that Petitioner’s claim was
time-barred, based on both (alternative) onset dates alleged by Petitioner. Id. at 16, n. 21. That is,
Petitioner’s petition was filed on October 23, 2024; therefore, if Petitioner’s alleged symptoms
began with either her September 2021 knee instability or her October 10, 2021 vomiting and
nausea, her claim would be outside of the three-year statute of limitations imposed by 42 C.F.R.
§ 100.3-16(a)(2). Id. Accordingly, Respondent argued Petitioner’s “claim would [] be time
barred by the statute of limitations.” Id.
On September 24, 2025, I held a recorded status conference between the parties to
discuss the contentions made in Respondent’s Rule 4(c) Report. Min. Entry, docketed Sept. 24,
2025. During the status conference I asked Petitioner to clarify the date of her symptom onset.
She remembered the date was October 15, 2021, based on her attendance at a birthday party
when she began to experience her nausea and vomiting symptoms.
This matter is now ripe for consideration.
II. Factual History
Prior to vaccination, Petitioner’s medical history was significant for headaches, left
shoulder pain status-post arthroscopy, right lower extremity pain and swelling, right knee pain,
Hashimoto’s thyroiditis5 with multinodular goiter, hypertension, tenosynovitis of the left wrist,
bilateral carpal tunnel syndrome, bilateral De Quervain’s tenosynovitis, gastroesophageal reflux
disease, and obesity status-post gastric bypass surgery in June 2021. Pet’r’s Ex. 1 at 63, 434, 438,
487, 496, 540, 545, 548, 555; Pet’r’s Ex. 11 at 132, 146, 151, 171, 174, 177, 180, 189, 193, 197.
On September 7, 2021, Petitioner presented to her primary care provider, physician
assistant (“PA”) Heather Novotny, at Southport Family Practice for follow-up of her chronic
5 Hashimoto’s disease is “a progressive type of autoimmune thyroiditis with lumphocytic infiltration of
the gland and circulation antithyroid antibodies.” Hashimoto’s Disease, DORLAND’S MED. DICTIONARY
ONLINE.
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Case 1:24-vv-01732-UNJ Document 29 Filed 10/20/25 Page 3 of 7
medical conditions. Pet’r’s Ex. 1 at 420–21. Petitioner reported that she was “still having leg
cramps” and was experiencing constipation after her bariatric surgery that she was managing with
over-the-counter medication. Id. at 421. A physical examination by PA Novotny revealed no
abnormalities. Id. at 422. Petitioner received a seasonal flu vaccination during this visit. Id. at 239.
Approximately two weeks later, on September 24, 2021, Petitioner presented to PA
Novotny with complaints of right calf pain and bruising for two days. Pet’r’s Ex. 3 at 413. She
also reported that her right leg “gave out” when she went to stand the night before. Id. at 414. A
physical examination revealed crepitus6 and tenderness to palpation. Id. at 415. PA Novotny was
concerned about deep vein thrombosis 7 (“DVT”); however, imaging revealed no acute
abnormalities. Pet’r’s Ex. 1 at 74. During an appointment with PA Novotny on October 1, 2021,
Petitioner again complained of right leg pain with right knee “instability.” Pet’r’s Ex. 3 at 399–
401. Physical examination continued to reveal crepitus and tenderness to palpation, and an X-ray
demonstrated evidence of degenerative joint disease with numerous osteophytes. Id. at 188, 401.
On October 12, 2021, Petitioner presented to Guthrie Emergency Room (“ER”) for
evaluation of nausea and vomiting for four days. Pet’r’s Ex. 3 at 390. Petitioner acknowledged
that she had been experiencing frequent episodes of nausea and vomiting since her gastric bypass
surgery in June 2021. Id. Petitioner’s neurologic examination was normal, and she displayed no
weakness in her arms or legs. Id. at 391. Petitioner’s symptoms improved in the ER after
administration of intravenous fluids and medication for nausea. Id. at 393. She was discharged in
the early morning hours of October 13, 2021, with a diagnosis of “nausea.” Id.
Twenty-four hours later, on October 14, 2021, Petitioner presented to Davenport ER with
continued complaints of nausea and vomiting. Pet’r’s Ex. 11 at 395, 397. She continued to deny
neurologic symptoms and her neurological examination was normal. Id. at 399, 401. An abdominal
computed tomography (“CT”) scan showed no abnormalities, and Petitioner was discharged with
a diagnosis of “noninfective gastroenteritis and colitis.” Id. at 402, 412–14. On October 20, 2021,
Petitioner attended a “sick visit” with her bariatric surgeon. Pet’r’s Ex. 9 at 12–15. At this
appointment, she reported a ten-day history of nausea and vomiting with burning epigastric pain,
despite the use of Protonix and Carafate. Id. at 12. She had lost 90 pounds in the four months since
her surgery. Id. Examination revealed mild abdominal tenderness to palpation, and Petitioner was
diagnosed with acute gastritis, nausea, and intestinal malabsorption status-post bariatric surgery.
Id. at 13.
On November 11, 2021, Petitioner was transported by ambulance to Arnot Ogden ER,
where she reported a one-month history of worsening gastrointestinal complaints, diplopia8 and
headache for one week, and numbness in the lower extremities. Pet’r’s Ex. 9 at 85, 90, 139–40.
Upon her arrival, Petitioner was able to ambulate independently, and physical examination of
6 Crepitus is “the discharge of flatus from the bowels.” Crepitus, DORLAND’S MED. DICTIONARY ONLINE.
7 Deep vein thrombosis is “thrombosis of one or more deep veins, usually of the lower limb, characterized
by swelling, warmth, and erythema.” Deep Vein Thrombosis, DORLAND’S MED. DICTIONARY ONLINE.
8 Diplopia is “the perception of two images of a single object.” Diplopia, DORLAND’S MED. DICTIONARY
ONLINE.
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Case 1:24-vv-01732-UNJ Document 29 Filed 10/20/25 Page 4 of 7
Petitioner revealed no focal neurologic deficits, no paresthesias, intact sensation, and normal
cranial nerve and neuromuscular exam. Id. at 89–90, 142. Petitioner did display “non-fatigable
nystagmus[9] horizontal and vertical.” Id. at 91. She was admitted to the hospital with diagnoses
of intractable nausea and vomiting and diplopia. Id. at 143–44; Pet’r’s Ex. 11 at 383.
On November 12, 2021, during an evaluation with hospitalist Bharathi Thuraisamy, MD,
Petitioner again reported that her diplopia began one week prior. Pet’r’s Ex. 9 at 192. Physical
examination revealed weakness in the bilateral lower extremities; however, Carlos Martinez, MD,
who also evaluated Petitioner on November 12 on behalf of the surgery department, indicated that
there was “[n]o identifiable cause for her neurologic complaints.” Id. at 193, 207. On both
November 11 and November 12, 2021, Petitioner tested positive for COVID-19. Id. at 184, 430.
Petitioner was reevaluated by Dr. Thuraisamy on November 14, 2021. Pet’r’s Ex. 9 at 310.
At that time, she reported some improvement in her nausea and vomiting but a continued inability
to tolerate solid foods and continued leg weakness, which was causing difficulty ambulating. Id.
Dr. Thuraisamy noted that he suspected that Petitioner was experiencing “nutritional induced
myopathy,”10 and ordered physical and occupational therapy evaluations. Id. at 311. During an
occupational therapy session the next day, Petitioner had full active range of motion in her lower
extremities with intact sensation. Id. at 355–56. However, she had difficulty transitioning from
sitting to standing due to weakness. Id. at 355. She was noted to be at risk for falling. Id.
Due to Petitioner’s continued diplopia and leg weakness, she was evaluated by the
neurology department on November 16, 2021. Pet’r’s Ex. 9 at 427. Physical examination by
Sherrie Smart, nurse practitioner (“NP”), revealed cranial nerve palsy and slight left facial droop,
4/5 left arm strength, 3/5 bilateral lower extremity strength, and “difficulty eliciting lower
extremity reflexes” with decreased sensation to temperature and vibration. Id. at 429–30. NP Smart
opined that “[i]t does appear that [Petitioner] has COVID related [GBS] with cranial nerve
deficits.” Id. at 430. Petitioner was referred for a lumbar puncture and a five-day course of
intravenous immunoglobulin (“IVIG”). Id. Later that day, hospitalist Stephen Lee, MD, reported
that Petitioner’s lumbar puncture showed albuminocytologic dissociation with markedly elevated
protein level consistent with GBS. Id. at 448.
By November 24, 2021, Dr. Thuraisamy was reporting that Petitioner’s extremity
weakness had “significantly improved” after IVIG. Pet’r’s Ex. 10 at 379–80, 426–27. Her left eye
was no longer drooping, and her double vision had also improved, but she continued to experience
nystagmus. Id. On December 2, 2021, Petitioner was discharged to inpatient rehabilitation, where
she remained for three weeks. Pet’r’s Ex. 13 at 2, 4–5.
After her discharge from inpatient rehabilitation, Petitioner presented for a February 8,
2022 follow-up appointment with PA Novotny. Pet’r’s Ex. 3 at 360. At that time, Petitioner had
regained 5/5 bilateral upper extremity strength but continued to display decreased strength in the
9 Nystagmus is “an involuntary, rapid, rhythmic movement of the eyeball.” Nystagmus, DORLAND’S MED.
DICTIONARY ONLINE.
10 Myopathy is “any disease of the muscle.” Myopathy, DORLAND’S MED. DICTIONARY ONLINE.
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Case 1:24-vv-01732-UNJ Document 29 Filed 10/20/25 Page 5 of 7
bilateral hip flexors, quadriceps, and hamstrings. Id. At a March 31, 2022 appointment with PA
Novotny, Petitioner mentioned that she was attending physical therapy (“PT”) and treating with a
neurologist. Pet’r’s Ex. 1 at 57. On May 13, 2022, Petitioner reported to PA Novotny that she had
recently undergone magnetic resonance imaging (“MRI”) of her pelvis and lumbar spine to
evaluate for “secondary causes” of her lower extremity symptoms. Id. at 51. That same month, at
an appointment with orthopedist Brett Auerbach, it was noted that Petitioner continued to receive
IVIG infusions for treatment of her GBS. Id. at 44.
On March 9, 2023, Petitioner presented to PA Novotny for “Transitional Care
Management” after being hospitalized in mid-February 2023 for increasing weakness and vision
changes. Pet’r’s Ex. 1 at 31. Per Petitioner, who was 37 weeks pregnant at the time, “[n]eurology
felt [her symptoms were] an exacerbation [of her GBS] and treated her with [intravenous]
steroids.” Id. Physical examination by PA Novotny revealed cranial nerve deficit (bilateral lid lag),
decreased upper extremity reflexes, and absent patellar reflexes. Id. at 33–34. PA Novotny
diagnosed Petitioner with weakness, visual changes, and GBS, and noted that Petitioner’s
symptoms were likely exacerbated by her pregnancy. Id. at 34. Petitioner was advised to continue
care with her neurologist and obstetrician. Id.
At an April 17, 2023 visit with PA Novotny, Petitioner, who was three weeks postpartum,
requested to restart Cymbalta,11 which she had stopped taking during pregnancy but had
previously provided her with significant relief from her neuropathy. Pet’r’s Ex. 1 at 27. She
continued to display absent patellar reflexes but had 5/5 lower extremity strength bilaterally. Id. at
29. At a follow-up visit one month later, Petitioner reported that she had restarted Cymbalta and
that her neuropathy symptoms were “well controlled.” Id. at 18.
On August 3, 2023, Petitioner again presented to PA Novotny for “Transitional Care
Management” after being admitted to the hospital for a “CIDP flare.” Pet’r’s Ex. 1 at 11. Petitioner
reported that she had been referred to the ER by her neurologist after “presenting to an appointment
with increased bilateral lower extremity weakness to the point where she could not stand.” Id.
Petitioner further reported that while hospitalized, she was treated with a three-day course of
intravenous steroids, which improved her symptoms, and that she continued to receive monthly
IVIG infusions. Id. Physical examination by PA Novotny revealed bilateral ptosis,12 diminished
reflexes in the upper extremities, and absent patellar reflexes. Id. at 12. PA Novotny diagnosed
Petitioner with CIDP and advised Petitioner to continue treatment with her neurologist. Id. at 13.
Petitioner also continued to complain of generalized weakness, which she attributed to
GBS, at an August 23, 2023 appointment with Dr. Auerbach. Pet’r’s Ex. 1 at 1.
On January 25, 2024, Petitioner presented to the ER with complaints of headache, eye pain,
“fluctuation in lower extremity weakness,” and diplopia. Pet’r’s Ex. 7 at 5. She was admitted to
the neurology service, whose notes reflect that Petitioner had undergone electromyogram
11 Cymbalta is the “trademark for a preparation of duloxetine hydrochloride.” Cymbalta, DORLAND’S
MED. DICTIONARY ONLINE.
12 Ptosis is the “drooping of the upper eyelid.” Ptosis, DORLAND’S MED. DICTIONARY ONLINE.
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Case 1:24-vv-01732-UNJ Document 29 Filed 10/20/25 Page 6 of 7
(“EMG”) studies in March 2022 and December 2023, with results “not consistent with CIDP.” Id.
at 10. Due to Petitioner’s headache and “recent” IVIG infusion, she underwent an MRI of the
brain, which ruled out thrombosis, intracranial hemorrhage, acute infarction, and other acute
intracranial disease processes. Id. at 5. Physical examination revealed bilateral ptosis, eyelid
fatigability, positive Cogan’s twitch, and positive ice pack test; decreased biceps and
brachioradialis reflexes; and negative triceps, patellar, and Achilles reflexes. Id. at 13. Petitioner
had “mostly” returned to her neurologic baseline by the next day. Id. at 9. She was discharged with
primary diagnoses of left-sided headache and “[c]oncern for myasthenia gravis”13 and secondary
diagnoses of nutritional neuropathy and hypothyroidism; provided with a referral to rheumatology;
and prescribed pyridostigmine. Id. at 4, 8.
On February 21, 2024, Petitioner presented for a new patient evaluation with NP JoAnn
Gilette at the office of rheumatologist Sara Khalil “for evaluation of possible underlying
autoimmune disorder.” Pet’r’s Ex. 8 at 1. Petitioner complained of tingling in her hands, leg
weakness, and loss of balance; however, physical examination revealed no neurologic deficit and
normal musculoskeletal functioning. Id. at 3–4. NP Gilette diagnosed Petitioner with
undifferentiated connective tissue disease, inflammatory arthritis, Hashimoto’s thyroiditis, and
psoriasis and advised Petitioner to begin taking Plaquenil.14 Id.
No further medical records were filed.
III. Legal Standards
The Vaccine Act was established to compensate vaccine-related injuries and deaths. §
10(a). “Congress designed the Vaccine Program to supplement the state law civil tort system as a
simple, fair and expeditious means for compensating vaccine-related injured persons. The
Program was established to award ‘vaccine-injured persons quickly, easily, and with certainty
and generosity.’” Rooks v. Sec’y of Health & Hum. Servs., 35 Fed. Cl. 1, 7 (1996) (quoting H.R.
Rep. No. 908 at 3, reprinted in 1986 U.S.C.C.A.N. at 6287, 6344).
Section 16(a)(2) of the Vaccine Act governs claims resulting from vaccines administered
after October 1, 1988, and reads,
if a vaccine-related injury occurred as a result of the administration of such
vaccine, no petition may be filed for compensation under the Program for such
injury after the expiration of 36 months after the date of the occurrence of the first
symptom or manifestation of onset or of the significant aggravation of such
injury.
13 Myasthenia gravis is “an autoimmune disease of neuromuscular function due to the presence of
antibodies to acetylcholine receptors at the neuromuscular junction.” Myasthenia Gravis, DORLAND’S
MED. DICTIONARY ONLINE.
14 Plaquenil is the “trademark for a preparation of hydroxychloroquine sulfate.” Plaquenil, DORLAND’S
MED. DICTIONARY ONLINE.
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Case 1:24-vv-01732-UNJ Document 29 Filed 10/20/25 Page 7 of 7
§ 16(a)(2). Therefore, claims resulting from vaccines administered after October 1, 1988 must be
filed within 36 months of the first symptom or manifestation of onset of the alleged vaccine-
related injury. The statute of limitations begins to run from the onset of the first objectively
cognizable symptom, whether or not that symptom is sufficient for diagnosis. Carson v. Sec’y of
Health & Hum. Servs., 727 F.3d 1365, 1369 (Fed. Cir. 2013). Special masters have appropriately
dismissed cases that were filed outside the limitations period, even by a single day or two. See,
e.g., Spohn v. Sec’y of Health & Hum. Servs., No. 95-0460V, 1996 WL 532610 (Fed. Cl. Spec.
Mstr. Sept. 5, 1996) (dismissing case filed one day beyond the 36-month limitations period),
aff’d, 132 F.3d 52 (Fed. Cir. 1997); Cakir v. Sec’y of Health & Hum. Servs., No. 15-1474V,
2018 WL 4499835, at *4 (Fed. Cl. Spec. Mstr. July 12, 2018).
IV. Analysis
The parties do not dispute that the petition was untimely filed. Petitioner’s medical
records note an ER visit on October 12, 2021, with complaints of vomiting and nausea for four
days prior. Pet’r’s Ex. 3 at 390. Furthermore, during our September 24, 2025 conference call,
Petitioner admitted that the onset of her symptoms was approximately October 15, 2021. She
remembered the date because she was attending a birthday party when she began feeling
nauseous and vomiting. This is consistent with an October 14, 2021 ER visit, wherein Petitioner
complained of continued nausea and vomiting. Pet’r’s Ex. 11 at 395, 397. It is notable that at the
time of her ER visits, Petitioner related her symptoms back to her gastric bypass surgery from
June of 2021. Whether Petitioner’s symptoms began as early as October 8, 2021, or as late as
October 15, 2021, the 36-month statute of limitations would have expired prior to October 23,
2024, the date Petitioner filed her petition. Accordingly, I agree with the parties that the petition
was untimely pursuant to § 16(a)(2).
V. Conclusion
For the reasons discussed above, I find that Petitioner’s vaccine-related claim is time-
barred. Therefore, I must DISMISS the petition.
IT IS SO ORDERED
s/Herbrina D. S. Young
Herbrina D. S. Young
Special Master
7