E.M. v. HHS - Influenza, small fiber neuropathy (2024)

E.M., a 24-year-old adult, filed a petition on August 19, 2014, alleging that the influenza vaccine administered on August 23, 2011, caused her to develop small fiber neuropathy. Petitioner's treating physicians, including Dr.

Traci Purath, Dr. Jorge Marquez de Leon, and Dr.

Alexandru C. Barboi, diagnosed her with small fiber neuropathy and, in some cases, opined that the flu vaccine was the cause.

Petitioner's expert, Dr. Lawrence Steinman, also concluded that the flu vaccine caused her small fiber neuropathy, theorizing a mechanism of molecular mimicry and recall response.

Respondent's expert, Dr. Peter D.

Donofrio, initially contested the diagnosis and causation, but later conceded that Petitioner suffered from small fiber neuropathy based on biopsy results, though he questioned the link to the vaccine due to the timing and Petitioner's symptom presentation. Special Master Herbrina Sanders issued a ruling on entitlement on July 9, 2021, finding that Petitioner had provided preponderant evidence that the flu vaccine was the cause-in-fact of her small fiber neuropathy.

Following this entitlement ruling, the parties stipulated to damages. On February 13, 2024, Special Master Sanders awarded E.M. $245,126.01, comprising a $225,000.00 lump sum for pain and suffering, $10,126.01 for past unreimbursed expenses, and $10,000.00 for future unreimbursable medical expenses.

Petitioner was represented by Scott B. Taylor of Urban & Taylor, S.C., and Respondent was represented by Voris E.

Johnson of the U.S. Department of Justice.