Michelle Green v. HHS - Influenza, significant aggravation of pre-existing asthma (2020)

Michelle Green, a 55-year-old adult, received an inactivated trivalent influenza vaccine on September 15, 2014. She alleged that this vaccination caused a significant aggravation of her pre-existing asthma, with symptoms first appearing five days later.

The court reviewed the evidence, including expert testimony from Dr. Ian Newmark for the petitioner and Dr.

Stephen Dreskin for the respondent. Petitioner's expert proposed that the flu vaccine, likely due to egg protein, could cause an IgE-mediated allergic reaction leading to asthma exacerbation, even with a delayed onset of symptoms.

Respondent's expert countered that current medical understanding indicates IgE-mediated reactions occur within minutes to hours, not days, and that the petitioner's asthma was more likely exacerbated by factors such as her obesity, obstructive sleep apnea, and inconsistent use of controller medications, rather than the vaccine. The court found that the petitioner did not establish a medically acceptable temporal relationship or a logical sequence of cause and effect between the flu vaccine and her asthma exacerbation.

Specifically, the court noted the lack of evidence for a delayed IgE-mediated reaction and the petitioner's normal IgE levels and lack of specific allergy testing for egg. The court also considered alternative causes, including the petitioner's pre-existing conditions and inconsistent medication use.

Ultimately, the court concluded that the petitioner failed to meet her burden of proof for causation. Therefore, her petition for compensation was denied.