Mark Thomann v. HHS - Influenza, Guillain Barré Syndrome (GBS) (2016)

Mark Thomann filed a petition on October 14, 2015, alleging that he received an influenza vaccine on September 18, 2012, and was diagnosed with Guillain Barré Syndrome (GBS) on October 14, 2012. Medical records indicated that Mr.

Thomann experienced symptoms consistent with early GBS, including progressive unsteadiness, numbness, and weakness, starting about a week before an emergency department visit on October 10, 2012. Email correspondence from October 8, 2012, also documented leg weakness.

The respondent moved to dismiss the case, arguing it was barred by the statute of limitations, which requires petitions to be filed within 36 months of the first symptom or manifestation of the injury. The court found that the evidence established that symptoms began prior to October 14, 2012, making the petition untimely.

Consequently, the case was dismissed on the grounds that it was barred by the statute of limitations.