Helen Forrest v. HHS - Influenza, transverse myelitis (2019)

Helen Forrest, an adult, received an influenza vaccination on January 6, 2014. She claims this vaccine caused her to develop transverse myelitis, with symptoms beginning approximately 36 hours later.

Ms. Forrest presented medical records and expert reports, primarily from Dr.

Lawrence Steinman, arguing for a molecular mimicry theory linking the flu vaccine to her condition, suggesting a "recall response" to a previous vaccination. The respondent, the Secretary of Health and Human Services, presented expert testimony from Dr.

Kathleen Collins, who argued against the petitioner's theory. The court found that Ms.

Forrest failed to establish a persuasive theory of causation, particularly regarding the timing of the onset of symptoms, which occurred too soon after vaccination for the proposed mechanism. Furthermore, the court noted that the evidence did not support a "recall response" to the vaccine.

Critically, the court found that the Secretary had established an alternative cause for Ms. Forrest's transverse myelitis: a reactivation of the varicella zoster virus (shingles), which is a more likely cause.

The court also considered and rejected the theory that the flu vaccine and the varicella zoster virus acted together as a "perfect storm" to cause the injury. Ultimately, the court concluded that Ms.

Forrest had not met her burden of proof to show that the flu vaccine caused her transverse myelitis on a more-likely-than-not basis, and therefore, her petition for compensation was denied.