Christopher Purvis v. HHS - Influenza, diskitis (2017)

On October 22, 2014, Christopher Purvis filed a petition alleging that an influenza vaccine he received on August 15, 2013, caused burning pain in his back, abdomen, and testicles, and led to a diagnosis of diskitis. Mr.

Purvis, born October 12, 1959, had a significant medical history predating the vaccination, including chronic back pain since a 2009 car accident, multiple subsequent injuries and falls, and numerous pre-existing conditions such as asthma, hypertension, seizure disorder, depression, chronic pain, hepatitis C, and cirrhosis. His treating physician, Dr.

Robert J. Keitner, Jr., expressed doubt about a causal link to the vaccine, noting Mr.

Purvis's extensive history of back problems and high doses of pain medication that could have masked symptoms. Dr.

Keitner's impression of Mr. Purvis's lower back pain after vaccination was lower back muscle strain, possibly with acute inflammation, and he noted that Guillain-Barre syndrome was extremely unlikely given normal reflexes and lack of muscle weakness.

Petitioner's expert, Dr. David Axelrod, an immunologist and allergist, theorized that the flu vaccine caused an autoimmune response leading to diskitis by increasing vascularization and nerve sensitivity through cytokines.

This theory was contradicted by respondent's expert, Dr. Kathleen L.

Collins, an infectious disease specialist, who testified that spinal discs lack blood vessels and nerves, and that vertebral osteomyelitis is not autoimmune. Dr.

Collins also explained that the blood-brain barrier, relevant to cytokine effects on the central nervous system, does not apply to spinal discs. Special Master Laura D.

Millman found Dr. Collins' testimony more credible than Dr.

Axelrod's. The Special Master noted that Mr.

Purvis's medical records showed significant degenerative disc disease and spondylosis, with an MRI on October 9, 2013, indicating progression of disc disease and findings most consistent with diskitis/osteomyelitis involving the L2-L3 level. The medical records also indicated that treating physicians planned for intravenous antibiotics, an infectious disease consultation, and a biopsy to find the source of infection, but Mr.

Purvis left the hospital against medical advice before these could be performed. The petition was dismissed for failure to establish a prima facie case of causation.

The public decision does not describe the specific onset of symptoms, diagnostic tests beyond imaging and physical exams, or specific treatments pursued by Mr. Purvis after leaving the hospital against medical advice.

Petitioner was represented by Howard S. Gold, and respondent was represented by Ryan D.

Pyles. The decision was issued on July 25, 2017.