Nestor Rocha v. HHS - Influenza, vasculitis (2024)

On February 18, 2016, Omary Rocha, executor for the estate of Nestor Rocha, filed a petition for compensation alleging that an influenza vaccine administered on October 18, 2013, caused Mr. Rocha to develop vasculitis, leading to his death on March 12, 2014.

The respondent, the Secretary of Health and Human Services, disputed the claim of causation. The case involved extensive expert testimony from pathologists, neurologists, and rheumatologists.

Petitioner's experts, Dr. Steven Rostad (pathologist) and Dr.

Lawrence Steinman (neurologist), proposed theories of molecular mimicry and vaccine-induced vasculitis, including a specific theory involving varicella zoster virus vasculitis. Respondent's experts, Dr.

Barbara Ducatman (pathologist) and Dr. Mehrdad Matloubian (rheumatologist), argued that Mr.

Rocha suffered from cryoglobulinemic vasculitis prior to vaccination and that his death was primarily due to influenza infection and its complications, not the vaccine. The Special Master, Christian J.

Moran, considered the medical history, expert opinions, and evidence presented during a hearing held from December 1-3, 2021. The Special Master found that the evidence preponderated in favor of Mr.

Rocha having cryoglobulinemic vasculitis before the vaccination. The public decision does not describe the specific onset of symptoms, diagnostic tests used for vasculitis beyond general descriptions, or specific treatments for vasculitis, other than noting that immunosuppressive medications are typically prescribed.

The Special Master concluded that petitioner failed to establish by a preponderance of the evidence that the flu vaccine caused or worsened Mr. Rocha's condition or contributed to his death.

Therefore, the petition for compensation was denied. Petitioner was represented by Richard Gage, and respondent was represented by Kimberly Shubert Davey.