Deborah Bynum v. HHS - Influenza, myasthenia gravis (2016)

Deborah Bynum filed a petition on February 29, 2016, on behalf of her minor child, C.J., alleging that an influenza vaccination received in March 2013 caused C.J. to develop myasthenia gravis. The petition was initially filed to avoid the statute of limitations, with the exact vaccination date unknown.

Later, on April 28, 2016, petitioner's counsel indicated that further investigation revealed the vaccination date was likely August 30, 2012. Medical records suggested C.J. presented with diplopia, a potential symptom of myasthenia gravis, on February 27, 2013, approximately five months after the August 2012 vaccination.

The petitioner also noted C.J. had a viral illness in January 2013, about two weeks before symptom onset. The petitioner conceded that proving entitlement to compensation under the National Vaccine Injury Compensation Program would be difficult given the temporal gap and the intervening viral illness.

The Special Master found that the petitioner failed to meet her burden of proof for an off-Table injury, specifically failing to establish a proximate temporal relationship between the August 30, 2012 vaccination and the onset of myasthenia gravis symptoms. The public decision does not describe the specific medical theory connecting the vaccine to the injury, the specific symptoms other than diplopia, any diagnostic tests performed, or any treatments received.

The public decision does not name petitioner's counsel or respondent's counsel. Consequently, the case was dismissed.

The Clerk was ordered to enter judgment accordingly.