Paul Drobbin v. HHS - Influenza, small fiber neuropathy (2023)

Petitioner Paul Drobbin alleged that an influenza vaccine administered on November 18, 2011, caused him to develop small fiber neuropathy. The public decision does not specify the exact theory of causation beyond stating it was an 'off-Table' injury. Petitioner's experts, Dr. Arthur Brawer and Dr. Allan Rubenstein, opined that the flu vaccine was causally related to an autoimmune neuropathy, citing molecular mimicry as a potential mechanism where vaccine antigens cross-react with self-antigens. Respondent's expert, Dr. Peter Donofrio, questioned the link, suggesting alternative causes like B6 toxicity or pre-existing conditions, and noted the lack of definitive biomarkers for vaccine-induced autoimmune neuropathy. Special Master Herbrina Sanders found that Petitioner established by a preponderance of the evidence that the flu vaccine was a substantial factor in the development of his small fiber neuropathy, rejecting Respondent's alternative causation arguments. The case proceeded to damages, resulting in an award of $2,102,629.17, including $250,000.00 for pain and suffering, $70,815.17 for past unreimbursable expenses, and $1,781,814.00 for loss of earnings. The decision date for entitlement was January 21, 2020, and the final decision on damages was January 5, 2023. Attorneys involved were Martin J. Rubenstein for Petitioner and Ryan D. Pyles for Respondent.