Charlotte Jacunski v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2014)
Case summary [AI summaries can sometimes make mistakes]
Charlotte Jacunski filed a petition under the National Vaccine Injury Compensation Program on August 11, 2009, seeking compensation for chronic inflammatory demyelinating polyneuropathy (CIDP), alleging that two influenza vaccinations administered on December 4, 2006, and November 16, 2007, caused or significantly aggravated her condition. Ms.
Jacunski, born in 1955, was 51 years old at the time of her first vaccination. Her initial neurological symptoms, including leg weakness, began in August or September 2006, prior to her first vaccination.
The medical records indicated that her condition either remained stable or improved in the weeks following the first vaccination, and the significant worsening of her CIDP occurred in September 2007, before her second vaccination. Petitioner's expert, Dr.
Thomas Morgan, theorized that the vaccinations caused exacerbations through molecular mimicry and a challenge/rechallenge mechanism. Respondent's expert, Dr.
Elijah Stommel, disagreed, stating there was no evidence that the vaccines altered the course of Ms. Jacunski's CIDP and that her symptoms predated the vaccinations.
Special Master George L. Hastings presided over the case.
After reviewing the evidence and expert testimony, the Special Master found that Dr. Morgan's opinion was based on flawed assumptions about the timing of the exacerbations, as the medical records indicated improvement or stability after the first vaccination and the significant worsening occurred before the second vaccination.
Furthermore, the Special Master found that Dr. Morgan failed to provide sufficient scientific support for his theories of molecular mimicry and challenge/rechallenge, and that Dr.
Stommel's testimony was more persuasive. The Special Master concluded that Ms.
Jacunski failed to establish a significant aggravation of her CIDP caused by the vaccinations, as required by the Althen and Loving standards, and therefore denied her claim for compensation. The decision was issued on October 15, 2014.
Theory of causation
Petitioner Charlotte Jacunski alleged that influenza vaccinations on December 4, 2006, and November 16, 2007, significantly aggravated her pre-existing Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Petitioner's expert, Dr. Thomas Morgan, proposed that the vaccinations caused exacerbations through molecular mimicry and a challenge/rechallenge mechanism, suggesting that vaccine antigens cross-reacted with myelin, leading to immune system attack and worsening of CIDP. Respondent's expert, Dr. Elijah Stommel, contended that Petitioner's CIDP symptoms began around August 2006, prior to the first vaccination, and progressed naturally without evidence of vaccine-induced alteration. Dr. Stommel also stated there was no reliable scientific evidence supporting the molecular mimicry or challenge/rechallenge theories in relation to influenza vaccines and CIDP. Special Master George L. Hastings found Dr. Morgan's opinion unpersuasive, noting that the medical records contradicted the assumed timing of exacerbations post-vaccination, showing improvement after the first vaccine and significant worsening prior to the second. The Special Master also found Dr. Morgan's proposed mechanisms lacked scientific support, while Dr. Stommel's testimony regarding the typical course of CIDP and lack of evidence for vaccine-induced aggravation was more credible. The claim was denied as Petitioner failed to establish causation-in-fact under the Althen and Loving standards. Attorneys involved were not named in the provided text. Decision date: October 15, 2014.
Source PDFs
USCOURTS-cofc-1_09-vv-00524