Kimberly S. Thompson v. HHS - Influenza, peripheral neurological injury (2018)

Kimberly S. Thompson received a trivalent influenza vaccine on September 15, 2009, and an H1N1 influenza vaccine on October 23, 2009.

She alleged that the September 15, 2009 flu vaccine caused her neurological injury. Four days after the first vaccination, she experienced facial drooping, followed by numbness and weakness in her legs.

Over the next several years, she was evaluated by numerous neurologists, with varying diagnoses including functional weakness, GBS, and conversion disorder. Some doctors found her neurological tests to be normal, while others noted abnormalities.

Dr. Carlo Tornatore, her treating neurologist for five years, testified that the initial flu vaccine primed her immune system, and the H1N1 vaccine triggered an anamnestic response leading to her symptoms, which he characterized as an AIDP-like presentation that lingered and became CIDP with autonomic nervous system involvement.

Respondent's expert, Dr. Vinay Chaudhry, opined that Ms.

Thompson did not have GBS or CIDP, citing normal test results and a fluctuating course inconsistent with these diagnoses. The Special Master found Dr.

Tornatore's testimony credible and ruled in favor of Ms. Thompson on entitlement, finding that both vaccines were substantial factors in causing her illness.

The case proceeded to damages, and the parties stipulated to an award of $653,890.05 in a lump sum for life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus $54,462.87 to satisfy a Maryland Medicaid lien, and an amount for an annuity contract.