Jason Clubb v. HHS - Tdap, chronic inflammatory demyelinating polyneuropathy (CIDP) (2018)

Jason Clubb filed a petition alleging that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of a Tdap vaccination he received on July 31, 2012. He initially claimed symptom onset on August 18, 2012, but his amended petition and medical records indicated symptoms began as early as August 12, 2012, with a call to his physician on August 17, 2012, reporting numbness.

He was hospitalized on August 20, 2012, with a diagnosis of probable Guillain-Barré Syndrome (GBS), which later developed into CIDP. The respondent moved to dismiss the case, arguing that the petition was filed on August 18, 2015, one day after the statute of limitations expired on August 17, 2015.

The petitioner argued for equitable tolling, citing physical impairment, an evolving injury (GBS to CIDP), and the disadvantage of being a pro se litigant. The court found that the petitioner's physical impairments, while significant, did not rise to the level of rendering him incapable of rational thought or handling his affairs, and that the evolving nature of the injury did not reset the statute of limitations.

The court also found that ignorance of the Vaccine Injury Compensation Program or being a pro se litigant were not grounds for equitable tolling. Therefore, the court granted the motion to dismiss because the petition was untimely filed and equitable tolling did not apply.