Gary Schilling v. HHS - Influenza, shingles and associated encephalomyelitis (2022)

Gary Schilling, a 62-year-old adult, received an influenza vaccine on October 16, 2013. He alleged that this vaccine caused a reactivation of a latent varicella zoster virus (VZV) infection, leading to shingles and subsequent encephalomyelitis.

Mr. Schilling's medical history included coronary artery disease, gout, and deep venous thrombosis.

Approximately one month after vaccination, he developed a rash diagnosed as shingles. Shortly thereafter, he experienced neurological symptoms including urinary retention and leg weakness, leading to a diagnosis of transverse myelitis and later encephalomyelitis.

Petitioner presented expert testimony from Dr. Lawrence Steinman, who theorized that the flu vaccine could trigger VZV reactivation through molecular mimicry and also potentially cause demyelinating injuries directly.

Respondent presented expert testimony from Dr. Kathleen Collins, who argued that the evidence for molecular mimicry was insufficient and that Mr.

Schilling's shingles was the more likely cause of his neurological symptoms, further noting his Vitamin B12 deficiency as a potential contributing factor. The court denied entitlement, finding that Petitioner failed to preponderantly demonstrate that the flu vaccine caused VZV reactivation or the subsequent encephalomyelitis.

The court found that shingles was a more likely explanation for the neurological symptoms and that the Petitioner's theory of vaccine causation was speculative and not sufficiently supported by reliable evidence. The case was decided on the papers without a hearing.