Catherine Gertrude McCabe v. HHS - Influenza, chronic fatigue syndrome (2019)

Catherine Gertrude McCabe filed a petition on August 12, 2013, alleging that an influenza vaccine administered on September 11, 2010, caused her to develop chronic fatigue syndrome (CFS) or significantly aggravated a pre-existing CFS condition. Petitioner's experts, Dr.

David Axelrod, Ms. Judy Mikovits, and Dr.

Susan Levine, proposed theories involving immune dysregulation and neurological damage, including a "kindling" theory, to link the vaccine to CFS. The Secretary of Health and Human Services disputed that Ms.

McCabe had CFS, that the flu vaccine could cause CFS, or that it caused her alleged injury. Special Master Christian J.

Moran issued a published decision on May 17, 2018, denying compensation. The decision found that Ms.

McCabe failed to establish she suffered from CFS, as her medical records did not meet any of the diagnostic criteria, and none of her treating physicians had diagnosed her with the condition. Furthermore, the evidence did not demonstrate a significant change in her health before and after the vaccination, with her medical and employment records showing a consistent pattern of symptoms and earnings.

Ms. McCabe's testimony was found to be inconsistent and not credible when contrasted with contemporaneous medical and employment records.

The Special Master also found that petitioner failed to present a viable medical theory linking the flu vaccine to CFS, as the proposed mechanisms, such as immune dysregulation and the "kindling" theory, lacked sufficient scientific support and were not consistent with the known effects of inactivated influenza vaccines. The temporal relationship between the vaccination and the alleged onset of CFS was also deemed insufficiently established.

Ultimately, the Special Master concluded that Ms. McCabe's petition failed due to the lack of evidence for her claimed injury, the absence of proof that her condition worsened post-vaccination, and the failure to establish causation.

Petitioner was represented by Clifford Shoemaker of Shoemaker, Shoemaker Gentry & Knickelbein. The Secretary was represented by Glenn MacLeod of the U.S.

Department of Justice. An earlier decision on July 22, 2015, awarded interim attorneys' fees and costs of $22,500.00 to petitioner's initial counsel, Thomas P.

Gallagher.