Jacqueline Berg (on behalf of Marilyn Moss) v. HHS - Influenza, significant aggravation of chronic inflammatory demyelinating polyneuropathy (CIDP) (2022)

Jacqueline Berg, daughter and executrix of the estate of Marilyn Moss, filed a petition alleging that an influenza vaccine administered on September 25, 2013, significantly aggravated Ms. Moss's pre-existing Chronic Inflammatory Demyelinating Polyneuropathy (CIDP).

Ms. Moss, who was 85 years old at the time of vaccination, had a complex medical history including numerous pre-existing conditions such as lumbar stenosis, neuropathy, heart failure, and COPD, dating back to at least 2010.

The petitioner's expert, Dr. Marcel Kinsbourne, opined that Ms.

Moss had CIDP which was aggravated by the vaccine, citing parallels between CIDP and Guillain-Barré Syndrome (GBS). The respondent's expert, Dr.

Peter Donofrio, a neurologist with extensive experience in peripheral neuropathies, concluded that Ms. Moss did not meet the diagnostic criteria for CIDP, either by EFNS/PNS or Koski criteria.

Dr. Donofrio found that Ms.

Moss's symptoms were better explained by other conditions, including idiopathic peripheral neuropathy, lumbar radiculopathy, and carpal tunnel syndrome, and that her condition worsened despite IVIG treatment, which is typically effective for CIDP. The court found Dr.

Donofrio's opinions more persuasive, noting that Ms. Moss's medical records did not support a CIDP diagnosis prior to vaccination, her electrodiagnostic tests were inconsistent with CIDP, she did not respond to IVIG, and her CSF protein levels were not elevated.

The court also found that the petitioner failed to establish a logical sequence of cause and effect or a proximate temporal relationship between the vaccination and any significant aggravation of her condition. Ms.

Moss passed away on January 8, 2015, with her death certificate listing cardiopulmonary arrest secondary to CIDP, but the court found no evidence that CIDP causes cardiac disease. Ultimately, the court dismissed the petition, finding that the petitioner had not proven by a preponderance of the evidence that Ms.

Moss had CIDP prior to vaccination or that the vaccine caused a significant aggravation of her condition.