David Tutt, As Personal Representative Of The Estate Of Thomas Tutt, Deceased v. HHS - Influenza, transverse myelitis (2020)

David Tutt, as personal representative of the Estate of Thomas Tutt, filed this claim alleging that Thomas Tutt suffered from transverse myelitis (TM) as a result of an influenza vaccine received on November 14, 2013. The parties disputed the onset date of Mr.

Tutt's symptoms. Mr.

Tutt claimed neck pain began on November 27, 2013, within two weeks of vaccination, and an expert opined this was prodromal to TM. The Secretary argued that a 69-day gap between vaccination and diagnosis was too long and suggested an upper respiratory infection on January 13, 2014, as an alternative cause.

Evidence regarding Mr. Tutt's pre-vaccination chiropractic care for neck and back pain from 2007-2011 was presented, indicating continuous issues.

Post-vaccination, Mr. Tutt experienced fatigue, neck and upper back pain, and cough during Thanksgiving week and subsequent travel.

However, he did not report neck or back pain to medical providers during visits for an upper respiratory infection on January 13 and January 20, 2014. The onset of upper and lower extremity weakness occurred between January 21-22, 2014.

Mr. Tutt passed away on November 25, 2018, from causes unrelated to the alleged vaccine injury.

This ruling focused on establishing factual findings related to causation, particularly the timing of symptom onset. The court found that Mr.

Tutt's pre-vaccination pain was continuous, he did not take sick leave after vaccination, and the onset of significant weakness occurred between January 21-22, 2014, approximately 18 days after vaccination. The case outcome is pending further proceedings.