John G. Rupert v. HHS - Tdap, Guillain-Barré syndrome (“GBS”) (2014)

John G. Rupert filed a petition alleging that a Tdap vaccine he received on May 21, 2008, caused him to develop Guillain-Barré syndrome (GBS).

He reported an upper respiratory tract infection three weeks prior to seeking treatment for GBS approximately five weeks after vaccination. Respondent recommended against compensation, arguing that the GBS was caused by the viral illness, not the vaccine.

The court reviewed the evidence, including expert testimony. Petitioner's expert, Dr.

David Younger, proposed three theories of causation: experimental autoimmune neuritis, molecular mimicry, and dual infection genesis. However, the court found Dr.

Younger's knowledge of the Tdap vaccine lacking and his theories unsupported by evidence. Respondent's expert, Dr.

Vinay Chaudhry, opined that the Tdap vaccine did not cause the GBS and that the petitioner's upper respiratory tract infection was the sole cause. The court found that the petitioner failed to prove by a preponderance of the evidence that the Tdap vaccine caused his GBS, and that respondent proved by a preponderance of the evidence that the petitioner's upper respiratory tract infection was the sole cause.

Therefore, the petition was dismissed.