P.M. v. HHS - Influenza, significant aggravation of multiple sclerosis (2019)
Case summary [AI summaries can sometimes make mistakes]
P.M., a 32-year-old adult, received an influenza vaccine on October 9, 2014. He alleged that this vaccine significantly aggravated his pre-existing multiple sclerosis (MS), a condition he was diagnosed with in 2011.
P.M. experienced new symptoms, including numbness in his legs, within five days of vaccination, and an MRI revealed a new lesion in his thoracic spine. His treating neurologist, Dr.
Darin Okuda, opined that the vaccine caused this relapse and worsening of his MS. Respondent, the Secretary of Health and Human Services, presented expert testimony from Dr.
Timothy Vartanian, who argued that the scientific literature did not support a link between the flu vaccine and MS exacerbation, and that the timing of P.M.'s lesion development likely predated the vaccination. The court reviewed extensive medical records and expert testimony.
Ultimately, the Special Master found that while P.M. experienced a worsening of his MS symptoms after vaccination, he failed to establish by a preponderance of the evidence that the flu vaccine could cause MS exacerbations or that it did so in his specific case. The court noted that the scientific evidence, including studies like Confavreux and Rutschmann, largely indicated that vaccines do not exacerbate MS, and that Dr.
Okuda's arguments, while credible, did not overcome this body of literature. The court also found that the rapid onset of symptoms, while temporally close to vaccination, did not definitively prove causation, as lesions can exist subclinically for extended periods.
Therefore, entitlement was denied.
Source PDFs
USCOURTS-cofc-1_16-vv-00949