Debra Simmons v. HHS - Influenza, Guillain-Barré syndrome (2024)

Debra Simmons received an influenza vaccination on November 12, 2019, at age 65. She alleges she developed Guillain-Barré syndrome (GBS) as a result.

Her first symptoms, bilateral leg pain, began around November 22, 2019, and she was hospitalized for GBS from December 13-20, 2019. Ms.

Simmons filed her petition for compensation on January 27, 2023, which was more than 36 months after her first symptom onset, making it untimely. She argued for equitable tolling based on mental and physical impairment, lack of notice of the Vaccine Program, and her pro se status.

The court found that her alleged impairments did not rise to the level of extraordinary circumstances required for equitable tolling, nor did her lack of knowledge of the program or her pro se status. The court also noted that her claim of symptom aggravation was not applicable as she did not have GBS prior to the vaccine.

Because the petition was filed outside the statutory period and equitable tolling was not warranted, the court dismissed the petition.