Wyatt Tanner v. HHS - Influenza, transverse myelitis (2015)

Filed 2015-01-05Decided 2015-02-27Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Wyatt Tanner, born June 6, 1980, filed a petition on January 5, 2015, alleging that an influenza vaccine administered on September 6, 2012, caused his transverse myelitis (TM). Medical records indicated that symptoms, including generalized body aches, urinary frequency, abdominal pain, malaise, sensitive skin, and fatigue, began on the same day as the vaccination.

Tanner was later diagnosed with TM during a hospitalization from September 14 to 21, 2012. Petitioner's counsel was Isaiah R.

Kalinowski, and respondent's counsel was Jennifer L. Reynaud.

On February 27, 2015, Tanner filed a motion for a decision on the written record, stating he did not wish to pursue the case further with expert witnesses. Special Master Laura D.

Millman granted this motion, dismissing the case. The Special Master found that Tanner failed to prove by a preponderance of the evidence that the flu vaccine caused his TM, as required by the Althen standard, and did not provide an expert medical opinion to substantiate his claim.

The public decision does not describe the specific medical theory connecting the vaccine to the TM, the logical sequence of cause and effect, or any expert testimony presented. A subsequent decision on July 29, 2015, awarded $12,450.98 in attorneys' fees and costs based on a stipulation of fact between the parties.

Theory of causation

Petitioner Wyatt Tanner, born June 6, 1980, received an influenza vaccine on September 6, 2012, and alleged it caused his transverse myelitis (TM), with symptoms beginning the same day. The petition was filed January 5, 2015. Petitioner moved for a decision on the written record, waiving expert witnesses. Special Master Laura D. Millman dismissed the case on February 27, 2015, for failure to prove causation by a preponderance of the evidence under the Althen standard, noting the absence of an expert medical opinion to substantiate the claim. The public text does not detail a specific medical theory, expert testimony, or the mechanism of causation. The case was off-Table. Attorneys for petitioner were Isaiah R. Kalinowski and for respondent Jennifer L. Reynaud. A subsequent stipulation on July 29, 2015, awarded $12,450.98 for attorneys' fees and costs.

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