M.R. v. HHS - Tdap, Guillain-Barré syndrome (GBS) (2017)

Rita and Steve Rollins, as parents and natural guardians of M.R., a minor, filed a petition on January 4, 2017, alleging that Tdap and Menactra vaccines administered to M.R. on June 16, 2014, caused her to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report recommending against compensation.

This report noted that M.R.'s medical records indicated GBS onset more than eight weeks after vaccination, which is considered a significant delay. During a telephonic status conference, the Special Master noted this delay and referenced a prior GBS case, Corder v.

Sec'y of HHS, where a similar delay led to dismissal. Petitioners' counsel stated that he had forwarded the Rule 4(c) Report to the petitioners and to an expert, Dr.

Albert Cook, a neurologist, for review. Subsequently, on September 1, 2017, the petitioners filed a Motion for Decision Dismissing Petition.

They stated they would be unable to prove entitlement to compensation and wished to avoid wasting court resources. The petitioners also indicated an intent to file a civil action after the dismissal.

Special Master Laura D. Millman granted the motion, dismissing the petition.

The Special Master reasoned that the petitioners failed to make a prima facie case of causation in fact, as required by the Althen standard. This standard requires proof of a medical theory connecting the vaccination and the injury, a logical sequence of cause and effect, and a proximate temporal relationship.

The Special Master noted that M.R.'s medical records did not support causation and that the petitioners had not filed an expert medical report. The petition was dismissed on September 26, 2017.