Mary Schoeberlein v. HHS - Influenza, granulomatosis with polyangiitis (GPA) (2018)

Mary Schoeberlein claims that an influenza vaccination administered on September 13, 2012, significantly aggravated her pre-existing condition, granulomatosis with polyangiitis (GPA), formerly known as Wegener's granulomatosis. She alleged that the vaccine prompted the production of antibodies contributing to a worsening of her GPA through a mechanism called bystander activation.

The court considered medical records, expert reports from Dr. Eric Gershwin (petitioner's expert) and Dr.

Thomas Forsthuber (respondent's expert), and heard oral testimony. The court found that Ms.

Schoeberlein failed to establish her case on a more-likely-than-not basis. The court noted issues with Dr.

Gershwin's experience and credibility, found his bystander activation theory unpersuasive and lacking scientific rigor, and noted his inability to clearly articulate the timing of symptom onset under his theory. Furthermore, the court found that Ms.

Schoeberlein's disease progression appeared consistent with the natural course of untreated GPA, not a vaccine-aggravated condition. Consequently, the court denied compensation.