David Moore v. HHS - Tdap, Guillain-Barré syndrome (2023)

David Moore filed a petition alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of a Tdap vaccine he received on May 24, 2019. He filed his petition on December 29, 2021.

The respondent initially requested additional records and expressed willingness to engage in settlement negotiations. Later, the respondent questioned whether the petitioner had met the severity requirement of showing sequela for more than six months.

The court gave the petitioner time to provide objective documentation, but the declarations submitted were deemed insufficient. The petitioner then filed a motion to dismiss his own petition, stating that he would be unable to prove entitlement to compensation.

The court found that there was insufficient evidence in the record for the petitioner to meet his burden of proof and, in accordance with his motion, dismissed the petition.