Saldino Mendoza v. HHS - Tdap, Guillain-Barré syndrome (GBS) (2021)

Saldino Mendoza filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he developed Guillain-Barré syndrome (GBS) after receiving a Tdap vaccine on June 7, 2018. He later filed a motion to dismiss his own petition, stating that he would be unable to prove entitlement to compensation.

The court noted that to receive compensation, a petitioner must prove either a Table injury or that the vaccine actually caused the injury, satisfying the three Althen prongs for off-Table claims. Mr.

Mendoza had not filed complete medical records, which is a preliminary statutory requirement. Furthermore, he admitted he could not establish entitlement and had not submitted sufficient evidence to satisfy the Althen prongs, such as an expert report proposing a medical theory.

Consequently, the court granted his motion and dismissed the case for insufficient proof.