Barbara Farley v. HHS - Influenza, Transverse Myelitis (2015)

Barbara Farley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination she received on September 15, 2010, caused her to develop transverse myelitis (TM). She claimed her injuries persisted for more than six months.

The petition was filed on September 16, 2013. Farley moved for a ruling on the record, and the respondent, the Secretary of Health and Human Services, opposed the motion.

The court reviewed the medical records and arguments presented. Farley had a history of wrist and knee pain, high blood pressure, and thyroid issues.

Her TM symptoms, including lower back pain and leg symptoms described as "pins and needles," began around December 12, 2010, approximately three months after her vaccination. She was admitted to the hospital on January 4, 2011, where she was diagnosed with transverse myelitis after imaging revealed abnormalities in her spinal cord.

The respondent argued that Farley failed to establish a causal connection between the vaccine and her condition, particularly given the three-month delay in symptom onset, and that she did not provide an expert report to support her claim. The court found that Farley failed to meet the requirements of the Althen factors for proving causation-in-fact for an off-Table injury.

Specifically, she did not provide a reliable medical theory connecting the flu vaccine to TM, nor did she establish a logical sequence of cause and effect. Furthermore, the court determined that the onset of symptoms approximately three months post-vaccination was not a medically acceptable timeframe to infer causation.

Consequently, Farley's claim was dismissed for failure to establish entitlement to compensation.