Jonathan Patton v. HHS - Influenza, brachial neuritis (2022)
Case summary [AI summaries can sometimes make mistakes]
On December 21, 2015, Jonathan Patton, then a minor, through his mother, filed a petition seeking compensation for brachial neuritis allegedly caused by an influenza vaccine administered on January 11, 2013. The petition was later amended to include a claim for radiculomyelitis.
Initially, Special Master Daniel T. Horner dismissed the petition on May 17, 2021, finding insufficient evidence to establish that the flu vaccine caused the brachial neuritis, although he acknowledged the condition was present.
The petitioner appealed this decision. On November 22, 2021, the Court of Federal Claims, per Senior Judge Mary Ellen Coster Williams, vacated the Special Master's decision and remanded the case, finding that the Special Master had erred in prong one of the Althen causation test by placing too high a burden on the petitioner and by discounting case reports and the opinions of treating physicians.
On remand, on December 3, 2021, Special Master Horner issued a ruling on entitlement, finding that the petitioner was entitled to compensation for brachial neuritis. Subsequently, on March 21, 2022, Special Master Horner approved a stipulation for an award of $75,000.00 for all damages, payable to the petitioner as a lump sum.
The petitioner was represented by Michael Andrew London and Douglas & London, P.C. The respondent was represented by Claudia Barnes Gangi and the U.S.
Department of Justice. The clinical story involved petitioner waking six days after his vaccination with a severe nosebleed, significant weakness in his arms, and neck and shoulder pain.
Treating physicians diagnosed brachial neuritis (also known as Parsonage-Turner Syndrome). Petitioner's experts, Dr.
Thomas F. Morgan and Dr.
Salvatore Q. Napoli, opined that the flu vaccine caused brachial neuritis and/or radiculomyelitis, suggesting a molecular mimicry mechanism.
Respondent's expert, Dr. Vinay Chaudhry, disagreed with both diagnoses and the causal link to the vaccine.
The Special Master's initial decision found insufficient evidence of causation for brachial neuritis and no evidence of radiculomyelitis. The Court of Federal Claims' remand focused on the Special Master's error in evaluating the evidence for prong one of the Althen test.
On remand, entitlement to compensation for brachial neuritis was granted.
Theory of causation
Petitioner Jonathan Patton, a 15-year-old male, received an influenza vaccine on January 11, 2013. Six days later, he developed symptoms including severe nosebleed, bilateral upper extremity weakness, neck pain, and shoulder pain, leading to a diagnosis of brachial neuritis (Parsonage-Turner Syndrome) by his treating physicians. Petitioner's experts, Dr. Thomas F. Morgan and Dr. Salvatore Q. Napoli, opined that the flu vaccine caused brachial neuritis and/or radiculomyelitis through a molecular mimicry mechanism, where the immune system cross-reacts with self-antigens. Respondent's expert, Dr. Vinay Chaudhry, disputed the diagnoses and the causal link. Initially, Special Master Daniel T. Horner dismissed the petition, finding insufficient evidence of vaccine causation for brachial neuritis and no evidence of radiculomyelitis. The Court of Federal Claims vacated this decision and remanded, finding the Special Master erred in prong one of the Althen test by placing too high a burden on the petitioner and discounting case reports and treating physician opinions. On remand, entitlement to compensation for brachial neuritis was granted. A subsequent proffer resulted in an award of $75,000.00 for all damages, approved on March 21, 2022. Petitioner was represented by Michael Andrew London and Douglas & London, P.C.; respondent by Claudia Barnes Gangi and the U.S. Department of Justice. The theory of causation was off-Table.