George Kos v. HHS - Tdap, weakness and numbness throughout his body, chronic fatigue syndrome, headaches, nausea, postural tachycardia, palpitations, blurred vision, dizziness, malaise, fatigue, muscle and joint pain, and other symptoms (2020)

George Kos filed a petition alleging he sustained a Table injury from a Tdap vaccination received on December 20, 2013. His claimed symptoms included weakness and numbness throughout his body, chronic fatigue syndrome, headaches, nausea, postural tachycardia, palpitations, blurred vision, dizziness, malaise, fatigue, and muscle and joint pain.

Respondent initially stated the case was not appropriate for compensation, as Petitioner did not identify a specific Table injury and his clinical course did not demonstrate certain listed Table injuries. Petitioner later submitted an expert report opining that his chronic fatigue syndrome and autoimmune syndrome induced by adjuvants (ASIA) were more likely than not the result of the Tdap vaccine's aluminum adjuvant, with symptoms beginning within the Table's timeframe.

Respondent contested this theory, stating it lacked scientific support. The Special Master informed Petitioner that the ASIA theory had been consistently rejected and was not persuasive, and Petitioner was given time to find another expert or dismiss the case.

Petitioner's counsel confirmed that Petitioner was no longer alleging a Table Injury, as his symptoms resembled brachial neuritis but developed into something else. Ultimately, Petitioner filed a motion to dismiss, stating he would be unable to prove entitlement to compensation.

The Special Master granted the motion, dismissing the petition due to insufficient evidence to meet the burden of proof.