{"package_id":"USCOURTS-cofc-1_15-vv-00841","decision_granule_id":"USCOURTS-cofc-1_15-vv-00841-1","petitioner_identifier":"Kelly Rupert","is_minor":0,"age_at_vaccination":45.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2013-09-23","condition_raw":"significant aggravation of kidney failure and glomerulonephritis","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2021-03-31","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:38:16.736426+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Kelly Rupert alleged that the influenza vaccine administered on September 23, 2013, significantly aggravated her pre-existing Fibrillary Glomerulonephritis (FGN). Petitioner's experts, Dr. Gershwin and Dr. Ballouk, proposed a theory that the vaccine induced a cytokine response, which in turn accelerated her FGN and led to a more rapid progression to end-stage renal disease (ESRD). They argued that Petitioner's FGN began asymptomatically shortly before the vaccination. Respondent's experts, Dr. Levinson and Dr. Fine, countered that Petitioner's FGN was a chronic condition that began at least two years prior to vaccination, evidenced by hypertension and edema in 2011, and that her biopsy showed advanced, chronic changes. They argued that her progression to ESRD was consistent with the natural history of FGN, particularly the diffuse sclerosing subtype, and that inactivated flu vaccines do not cause systemic cytokine storms or exacerbate autoimmune diseases. Special Master Sanders found that Petitioner failed to prove by a preponderance of the evidence that the vaccine significantly aggravated her FGN. The Special Master concluded that Petitioner's FGN predated the vaccination by over two years, her biopsy indicated an advanced chronic condition, and her disease progression was not abnormally accelerated. The cytokine theory was found to be too general and unsupported by specific evidence linking vaccine-induced cytokines to FGN aggravation. Therefore, the petition was denied.","is_death":0,"date_of_death":null,"petition_filed_date":"2015-08-07","case_summary":"On August 7, 2015, Kelly Rupert filed a petition alleging that the influenza vaccine she received on September 23, 2013, significantly aggravated her pre-existing kidney failure and glomerulonephritis (FGN). The case was heard by Special Master Herbrina Sanders. Petitioner was represented by William E. Cochran, Jr. of Black McLaren et al., P.C., and Respondent was represented by Sarah C. Duncan of the United States Department of Justice. Petitioner's medical history prior to vaccination included hypertension, edema, obesity, smoking, pain, and anxiety. Medical records indicated elevated blood pressure and edema starting in July 2011, over two years before her vaccination. Petitioner was diagnosed with Fibrillary Glomerulonephritis (FGN) following a renal biopsy on February 19, 2014. She progressed to end-stage renal disease (ESRD) requiring dialysis by June 2014. Petitioner's experts, M. Eric Gershwin, M.D., and Wesam F. Ballouk, M.D., opined that the flu vaccine exacerbated her FGN through a cytokine response, accelerating her disease progression. Respondent's experts, Arnold Levinson, M.D., and Derek M. Fine, M.D., argued that Petitioner's FGN was a chronic condition that predated the vaccination by years, and its progression was consistent with the natural course of the disease, not aggravated by the vaccine. Dr. Fine noted that Petitioner's biopsy showed advanced FGN with extensive glomerulosclerosis, indicating a long-standing condition. Dr. Levinson argued that inactivated flu vaccines are unlikely to cause systemic damage or exacerbate autoimmune diseases. The Special Master found that Petitioner failed to prove by a preponderance of the evidence that the flu vaccine significantly aggravated her FGN. The Special Master determined that Petitioner's FGN predated the vaccination by at least two years, as evidenced by hypertension and edema documented in 2011, and that her biopsy results indicated an advanced, chronic condition. The Special Master found that Petitioner's progression to ESRD aligned with the expected course for her subtype of FGN, particularly given the high percentage of sclerosed glomeruli. The medical theory that vaccine-induced cytokines aggravated her FGN was deemed too general and lacking sufficient supporting evidence. Consequently, Petitioner was not entitled to compensation, and her petition was dismissed.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Herbrina Sanders Young","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"William E. Cochran, Jr.","petitioner_attorney_firm":"Black McLaren et al., P.C.","petitioner_attorney_location":"Memphis, TN","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|william-cochran|","firm_canonical_key":"black-mclaren-jones-ryland-and-griffee","package_title":"RUPERT v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00841","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00841.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00841.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_15-vv-00841-0","title":"RUPERT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 08/30/2019) regarding 72 DECISION of Special Master - Interim Attorney's Fees. Signed by Special Master Herbrina Sanders. (rs) Service on parties made.","date_issued":"2020-01-10","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_15-vv-00841-1","title":"RUPERT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 03/31/2021) regarding 88 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.","date_issued":"2021-05-07","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_15-vv-00841/granules/USCOURTS-cofc-1_15-vv-00841-1/pdf","pdf_bytes":699935,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_15-vv-00841/USCOURTS-cofc-1_15-vv-00841-1"},{"granule_id":"USCOURTS-cofc-1_15-vv-00841-2","title":"RUPERT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 12/13/2021) regarding 99 DECISION of Special Master - Fees Signed by Special Master Herbrina Sanders. (kp) Service on parties made.","date_issued":"2022-01-03","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}