Nicole Matten v. HHS - Influenza, eosinophilic and/or hypersensitivity myocarditis leading to death (2022)

On March 6, 2012, Nicole Matten, as the parent and legal representative of her daughter, K.M., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that K.M., a seven-year-old girl, died as a result of an influenza vaccine administered on December 2, 2011.

K.M. was described as healthy prior to vaccination. Within days of receiving the vaccine, she developed symptoms including headache, fever, vomiting, lethargy, confusion, body aches, and difficulty breathing.

She suffered cardiac arrest and died on December 6, 2011. The autopsy revealed myocarditis.

Petitioner's experts, Drs. Lawrence Palevsky, Laurel Waters, and Anthony Chang, opined that the flu vaccine, possibly in conjunction with an asymptomatic parainfluenza virus type 1 infection, caused K.M. to develop eosinophilic and/or hypersensitivity myocarditis, leading to her death.

Respondent's experts, Drs. Sara Vargas and James Perry, initially argued for viral myocarditis due to parainfluenza virus type 1.

Dr. Vargas later shifted her opinion to bacterial pneumonia and sepsis as the cause of death, while Dr.

Perry maintained viral myocarditis. Special Master Mindy Michaels Roth reviewed extensive medical records, autopsy findings, and expert testimony.

The Special Master found that K.M. died from eosinophilic and/or hypersensitivity myocarditis. The Special Master determined that the petitioner met the burden of proving by a preponderance of the evidence that the flu vaccination was a substantial factor in causing K.M.'s death.

The Special Master also found that the respondent failed to prove an alternative cause of death, such as bacterial pneumonia. Consequently, the case was found to be entitled to compensation, and it proceeded to the damages phase.

Patricia Finn, Esq., represented the petitioner, and Jamica Littles, Esq., represented the respondent. The decision was issued on November 2, 2021.