Barbara Perkins v. HHS - Tdap, Miller-Fisher variant of Guillain-Barre Syndrome (GBS) (2021)

Barbara Perkins received a Tdap vaccination on November 2, 2015. She alleged that this vaccine caused her to develop the Miller-Fisher variant of Guillain-Barre Syndrome (GBS).

The case proceeded as an off-Table claim, requiring proof of causation. A significant dispute arose regarding the onset date of her symptoms, with contemporaneous medical records indicating onset after January 4, 2016, while Ms.

Perkins and her family members provided affidavits and testimony suggesting an earlier onset in mid-December 2015. The Special Master held an onset hearing and ultimately found that the medical records were more persuasive, concluding that Ms.

Perkins' neurological symptoms began after January 4, 2016. Because her expert could not support a causation theory based on this later onset date, Ms.

Perkins' counsel moved for dismissal. The Special Master dismissed the case for insufficient proof.

Ms. Perkins sought review of the onset ruling, but the Court of Federal Claims upheld the Special Master's findings, finding that her decision was not arbitrary or capricious and was supported by the evidence, particularly the contemporaneous medical records.

The court sustained the Special Master's decision and denied the motion for review, resulting in a dismissal of the case.