Tandy Thomas v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2022)

Tandy Thomas filed a petition alleging Guillain-Barré syndrome (GBS) resulting from an influenza vaccine received on October 3, 2018. The case was assigned to the Special Processing Unit.

Respondent challenged the claim, asserting that the onset of Petitioner's symptoms occurred before the vaccination, thus failing the Table claim's timeframe. The court ordered Petitioner to show cause why the case should not be dismissed.

Petitioner presented medical records and affidavits, including a statement from his primary care physician, Dr. Chelsea Berges, who initially noted symptoms began three months prior to the October 16, 2018 visit but later clarified in an affidavit that the onset was likely two to three weeks before that visit.

However, other medical records and Petitioner's own statements indicated symptoms began in late August or early September 2018, prior to the October 3rd vaccination. Petitioner also reported taking gabapentin for neuropathy two days after the vaccination, which was prescribed for pre-vaccination symptoms.

The court found that the cumulative evidence preponderantly supported that Petitioner's GBS symptoms began before the vaccination, making him unable to establish a Table claim or prove actual causation. Consequently, the petition was dismissed for insufficient proof.