Flu Shot & Guillain-Barré Syndrome – A Legal Guide

Guillain-Barré Syndrome is an illness that usually occurs one to two weeks after a mild viral infection, and in certain cases may be caused by a flu shot vaccination.

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Table of contents
  1. Latest Flu Shot Guillain-Barré Syndrome Lawsuit Updates
  2. September 1, 2026: CDC Publishes Flu Vaccine Clinical Considerations
  3. January 7, 2025: FDA Requires GBS Warning on RSV Vaccines
  4. August 13, 2022: Danish Study Examines Flu Vaccination and GBS
  5. January 3, 2022: HRSA Vaccine Injury Table Takes Effect
  6. What Is Guillain-Barré Syndrome?
  7. Who May Be Affected?
  8. Reported Injuries or Damages
  9. Recall and Regulatory Background
  10. Evidence to Preserve
  11. Filing Deadlines
  12. Frequently Asked Questions
  13. Can a Flu Shot Cause Guillain-Barré Syndrome?
  14. What Are the Early Warning Signs of Guillain-Barré Syndrome?
  15. How Quickly Does Guillain-Barré Syndrome Get Worse?
  16. What Does the Research Say About Flu Shots and Guillain-Barré Syndrome?
  17. Was There a Lawsuit over the 1976 Swine Flu Vaccine and GBS?
  18. Should Someone with a History of Guillain-Barré Syndrome Get a Flu Shot?

Some people develop Guillain-Barré syndrome (GBS) in the weeks after a seasonal flu shot. The nerve condition causes weakness and can lead to paralysis.

No lawsuit, MDL or recall exists for flu vaccine and GBS. Claims go through the federal Vaccine Injury Compensation Program, where GBS after a seasonal flu shot is a listed injury.

The 1976 swine flu vaccine is the one vaccine tied to GBS lawsuits, which were filed under the Federal Tort Claims Act. A 2025 FDA warning on two RSV vaccines concerns different shots, not flu vaccines.

Latest Flu Shot Guillain-Barré Syndrome Lawsuit Updates

September 1, 2026: CDC Publishes Flu Vaccine Clinical Considerations

On September 1, 2026, CDC published its clinical considerations for seasonal influenza vaccines for the 2026-2027 season [1]. The guidance is a clinical document for health care providers.

The guidance treats a history of Guillain-Barré syndrome within 6 weeks of a previous flu vaccine dose as a precaution.

January 7, 2025: FDA Requires GBS Warning on RSV Vaccines

On January 7, 2025, the FDA required a Guillain-Barré syndrome warning in the prescribing information of the RSV vaccines Abrysvo and Arexvy [2].

FDA estimated 9 and 7 excess GBS cases per million doses. The estimates are for adults 65 and older, and both products are RSV vaccines.

August 13, 2022: Danish Study Examines Flu Vaccination and GBS

On August 13, 2022, Aarhus University Hospital researchers published a 15-year nationwide case-control study in the European Journal of Neurology [3]. It found influenza vaccination associated with a modestly increased risk of GBS in the following month.

The study covered 2002 to 2016. It reports an observational association, not proof that the vaccine caused GBS in any one person.

January 3, 2022: HRSA Vaccine Injury Table Takes Effect

On January 3, 2022, HRSA’s Vaccine Injury Table took effect [4]. The table is part of the National Vaccine Injury Compensation Program.

A person seeking compensation files a petition with the Court of Federal Claims [5]. The table applies to petitions filed on or after that date.

What Is Guillain-Barré Syndrome?

According to NINDS, Guillain-Barré syndrome (GBS) is “a rare neurological disorder in which a person’s immune system mistakenly attacks part of their peripheral nervous system” [6].

CDC says an estimated 3,000 to 6,000 people develop GBS each year in the United States [7]. Its cause is not fully understood, and it often follows infection with a virus or bacteria.

Who May Be Affected?

The Vaccine Injury Table lists Guillain-Barré syndrome with onset 3 to 42 days after a seasonal influenza vaccine. Seasonal vaccines are the ones given each year and commonly called the flu shot.

Seasonal influenza vaccines are covered by the program, including trivalent and quadrivalent, for children and adults [8]. It does not cover non-seasonal (pandemic) flu vaccines.

Federal law bars a civil action for over $1,000 against a vaccine maker or administrator. A petition must be filed and judged first.

Whether a person qualifies needs an individual legal review by a lawyer, because each person’s vaccine date, symptom onset and medical records differ.

Reported Injuries or Damages

GBS weakness can progress to paralysis. CDC says most people fully recover, but some have permanent nerve damage. NINDS says some cases cause paralysis that can threaten breathing, blood pressure or heart rate.

CDC says the link between seasonal flu vaccine and GBS varies from season to season. When a higher risk was seen, it was 1-2 additional cases per million doses.

The Danish study counted 20 of 1295 GBS cases (1.5%) and 119 of 12,814 controls (0.9%) with a flu shot in the prior month (adjusted odds ratio 1.9, 95% CI 1.1-3.2). This is an observational association, not proof of cause.

A Frontiers in Immunology meta-analysis was published on February 3, 2022 [9]. It found a pooled GBS incidence of 2.77 per million persons (95% CI 2.47 to 3.07) after influenza vaccine.

The American Bar Association article on the 1976 swine flu program says about 4,000 administrative claims led to more than 1,500 federal suits [10]. That was a different vaccine, under the Federal Tort Claims Act.

Recall and Regulatory Background

No flu vaccine has been recalled for GBS. The only related action concerns RSV vaccines, whose labels now warn of a higher GBS risk in the 42 days after a shot.

FDA said the evidence “is insufficient to establish a causal relationship.” A warning on another product does not prove liability here.

Evidence to Preserve

Keep these records together, because they show when the shot was given and when symptoms began:

  • A vaccine record or card showing the date, brand, lot number and place of the flu shot
  • A timeline of the first symptoms and the date of onset
  • Hospital, neurology and nerve-test records, including the GBS diagnosis
  • Medication and treatment records
  • Receipts and bills for care
  • Photographs, notes or messages that show symptoms and recovery

Ask each clinic or hospital for a copy of its records. Write down dates and details while they are fresh.

Filing Deadlines

Deadlines for a claim exist and are set by law. A missed deadline can end a claim, even when the vaccine date and diagnosis are clear.

They depend on where the reader lives, on which program applies, and on when the first symptom and the diagnosis happened.

Because of that, a person who may have a claim should ask a lawyer promptly, before any deadline can pass.

Frequently Asked Questions

Can a Flu Shot Cause Guillain-Barré Syndrome?

A flu shot has been linked to Guillain-Barré syndrome in some seasons. But CDC says GBS is more likely after getting the flu than after vaccination. For the 1976 swine flu vaccine, CDC reported about one added case per 100,000 people.

What Are the Early Warning Signs of Guillain-Barré Syndrome?

The early warning signs of Guillain-Barré syndrome include weakness that often starts in the feet and moves up the body. Tingling or pain in the hands, feet, legs or back is common. NINDS also lists trouble walking, swallowing or speaking.

How Quickly Does Guillain-Barré Syndrome Get Worse?

Guillain-Barré syndrome usually worsens over hours or days. NINDS says most people reach the greatest stage of weakness within the first two weeks. Some people also have an abnormal heart rate or blood pressure.

What Does the Research Say About Flu Shots and Guillain-Barré Syndrome?

Research on flu shots and Guillain-Barré syndrome points to small numbers. The Frontiers meta-analysis of 48 publications found 3.09 per million persons within six weeks of any vaccination. The Danish authors put the attributable share at 0.4%, if the association is causal.

Was There a Lawsuit over the 1976 Swine Flu Vaccine and GBS?

The 1976 swine flu vaccine cases over Guillain-Barré syndrome were consolidated into a multidistrict litigation in 1978 before Judge Gerhard Gesell. The program ended in December 1976 after GBS appeared.

Should Someone with a History of Guillain-Barré Syndrome Get a Flu Shot?

A person with a history of Guillain-Barré syndrome should ask a doctor before a flu shot. CDC calls an earlier GBS case in the six weeks after a flu dose a precaution.

References
  1. https://www.cdc.gov/flu/hcp/vax-summary/seasonal-influenza-vaccines.html
  2. https://www.fda.gov/vaccines-blood-biologics/safety-availability-biologics/fda-requires-guillain-barre-syndrome-gbs-warning-prescribing-information-rsv-vaccines-abrysvo-and
  3. https://pmc.ncbi.nlm.nih.gov/articles/PMC9804417/
  4. https://www.hrsa.gov/sites/default/files/hrsa/vicp/vaccine-injury-table-01-03-2022.pdf
  5. https://www.law.cornell.edu/uscode/text/42/300aa-11
  6. https://www.ninds.nih.gov/health-information/disorders/guillain-barre-syndrome
  7. https://www.cdc.gov/vaccine-safety/about/guillain-barre.html
  8. https://www.hrsa.gov/vaccine-compensation/covered-vaccines
  9. https://www.frontiersin.org/journals/immunology/articles/10.3389/fimmu.2022.782198/full
  10. https://www.americanbar.org/groups/litigation/resources/newsletters/mass-torts/the-swine-flu-litigation/