Ricardo Rodriguez v. HHS - HPV, Guillain-Barre syndrome (GBS) (2026)

Filed 2019-05-17Decided 2026-01-15Vaccine HPV
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

On May 17, 2019, Ricardo Rodriguez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barré syndrome (GBS) caused by the meningococcal and human papillomavirus (HPV) vaccines he received on July 3 and August 4, 2017. Mr.

Rodriguez, born May 20, 1999, reported that the day after his second HPV vaccine on August 4, 2017, he experienced fatigue and calf cramping. These symptoms progressed, and by August 7, 2017, he reported extremity weakness and difficulty walking.

He was seen by multiple treating physicians, including neurologists, who noted his symptoms, performed examinations, and ordered tests. On August 17, 2017, neurologist Darin T.

Okuda, M.D., diagnosed GBS post-immunization against HPV, citing Petitioner's clinical presentation and cerebrospinal fluid (CSF) results showing albuminocytologic dissociation. Petitioner underwent plasmapheresis (PLEX) therapy, to which he responded, and his strength gradually improved.

He continued to experience some residual weakness and reduced reflexes for several months. The respondent contested entitlement, arguing that Mr.

Rodriguez did not meet the diagnostic criteria for GBS and that the timing of his symptoms was inconsistent with vaccine causation. The Special Master considered expert reports and testimony from David M.

Simpson, M.D., for the petitioner, and Peter D. Donofrio, M.D., and S.

Mark Tompkins, Ph.D., for the respondent. Dr.

Simpson opined that the HPV vaccine caused Mr. Rodriguez's GBS, citing molecular mimicry as a potential mechanism and referencing studies like Miranda, which suggested an association between HPV vaccination and GBS.

Dr. Donofrio questioned the GBS diagnosis due to the presence of normal or hyperactive reflexes in some examinations and the lack of electrodiagnostic testing, suggesting myelopathy as an alternative.

He also argued the timing of symptom onset was outside the Vaccine Injury Table's timeframe. Dr.

Tompkins critiqued the proposed mechanisms and epidemiological data, stating there was no demonstrated link between the HPV vaccine and GBS. Special Master Jennifer A.

Shah found that Mr. Rodriguez had proven by a preponderance of the evidence that he suffered from GBS.

She found Dr. Simpson's arguments regarding atypical GBS presentations persuasive and noted the consensus among treating physicians.

The Special Master also found that the Miranda study provided persuasive evidence of a causal association between the HPV vaccine and GBS, satisfying the first Althen prong. She concluded that the logical sequence of cause and effect was established, noting the absence of alternative causes and the treating physicians' references to post-immunization onset.

Finally, she determined that the timing of symptom onset, measured from the first HPV dose, was within a medically acceptable timeframe. The petition was granted, with a decision on damages to follow.

Theory of causation

HPV and meningococcal vaccines on July 3, 2017, age 18, followed by a second HPV dose on August 4, 2017 and subsequent Guillain-Barre syndrome. ENTITLEMENT GRANTED; damages pending. The case centered on fatigue/calf cramping and progressive neurologic symptoms after the second HPV dose. Petitioner relied on neurology expert Dr. David Simpson. Respondent disputed vaccine causation. Special Master Horner granted entitlement on January 15, 2026.

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