Malinda Gibbons v. HHS - Tdap, Guillain-Barré syndrome, specifically Miller-Fisher syndrome (2025)
Case summary [AI summaries can sometimes make mistakes]
Malinda Gibbons alleged that a Tdap vaccine caused her to develop Guillain-Barré syndrome, specifically the Miller-Fisher variant. She sought compensation under the National Childhood Vaccine Injury Act.
The Tdap vaccine was administered on April 19, 2016. Ms.
Gibbons reported initial neurological symptoms, including tingling, approximately 26 days later. She was hospitalized and diagnosed with Miller-Fisher syndrome, a subtype of GBS.
The primary issue in this case was whether Ms. Gibbons's injury met the Vaccine Act's severity requirement, specifically that it lasted more than six months.
Ms. Gibbons argued that residual symptoms such as tingling, fatigue, leg cramps, eye strain, heat sensitivity, and anxiety/depression persisted beyond six months.
The Secretary argued that her condition resolved within approximately three months and that later symptoms were attributable to other causes, such as perimenopause and subsequent surgical menopause following the removal of her ovaries. The court reviewed extensive medical records and expert opinions.
Ultimately, the court found that Ms. Gibbons did not establish by a preponderance of the evidence that her Miller-Fisher syndrome lasted more than six months.
The court noted that her symptoms largely resolved within three months and that later reported issues were not persuasively linked to the vaccine-induced GBS or did not meet the severity threshold. Therefore, her petition for compensation was denied.
Source PDFs
USCOURTS-cofc-1_18-vv-00531