Andrew Fantini v. HHS - Influenza, small fiber neuropathy and tinnitus (2022)
Case summary [AI summaries can sometimes make mistakes]
Andrew Fantini, a 44-year-old adult, received an influenza vaccine on October 11, 2012, and a meningitis, polio, and rabies vaccine on November 7, 2012. He alleged that he developed small fiber neuropathy (SFN) and tinnitus as a result of these vaccinations.
Mr. Fantini presented with symptoms of tingling, numbness, and burning sensations, which he claimed began approximately 28 days after the flu vaccine.
He underwent numerous medical examinations and tests, including nerve conduction studies and EMGs, which generally yielded normal results. Despite recommendations, Mr.
Fantini did not undergo a skin biopsy, which is considered a primary diagnostic tool for SFN. Petitioner's experts, Dr.
Kinsbourne and Dr. Oaklander, opined that he likely had SFN and that vaccines could be a cause, though Dr.
Oaklander noted the need for a biopsy. Respondent's expert, Dr.
Donofrio, concluded that the record did not support a diagnosis of GBS or SFN and that Petitioner had not met the Althen prongs for causation. The court found that Mr.
Fantini had not preponderantly established SFN as his likely injury, citing the lack of objective diagnostic confirmation like a skin biopsy and the normal findings on other neurological tests. Furthermore, the court determined that even if SFN were established, Petitioner had not proven a causal link to the flu vaccine, as the proposed mechanisms of cytokine overproduction and molecular mimicry were not sufficiently supported by evidence.
The court also found that the temporal relationship was not medically acceptable for SFN. The claim for tinnitus was also denied due to insufficient evidence of causation.
The petition was denied, and no compensation was awarded.
Source PDFs
USCOURTS-cofc-1_15-vv-01332