Tyrone William Mahan v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA), Guillain-Barré Syndrome (GBS), complex regional pain syndrome (CRPS) (2024)

Tyrone William Mahan filed a petition alleging a shoulder injury related to vaccine administration (SIRVA), Guillain-Barré Syndrome (GBS), or complex regional pain syndrome (CRPS) following a Tdap vaccination on August 5, 2019. The petition was filed on August 10, 2022, which appeared to be outside the 36-month statute of limitations.

The court considered the applicability of the prison mailbox rule, which allows pro se prisoners to file documents by delivering them to prison officials for mailing. The court found that the Vaccine Act and Rules did not specifically define the filing date for paper petitions, and therefore, the prison mailbox rule applied.

Petitioner provided evidence that he gave his petition to prison officials on or before August 5, 2022, which was within the 36-month statute of limitations that expired on August 8, 2022. The court deemed the petition timely filed.

The case is proceeding, and Respondent is to file a status report regarding outstanding medical records, while Petitioner is to indicate his intent to hire an attorney.