Merry Whelan v. HHS - Influenza, dermatomyositis (2019)

On September 21, 2016, Merry Whelan filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that her October 4, 2013, influenza vaccine caused dermatomyositis (DM). Ms.

Whelan was fifty-four years old at the time of vaccination. Her medical history included polymorphic light eruption and a family history of cancer.

Following vaccination, her medical records first noted symptoms potentially related to DM, such as left shoulder pain and a rash, approximately three months later, in late January or early February 2014. Petitioner's expert, Dr.

Arthur Brawer, opined that the flu vaccine caused her DM through molecular mimicry. Respondent's expert, Dr.

Mehrdad Matloubian, disagreed, stating that there is no established link between the flu virus and DM, and that onset from molecular mimicry would typically occur within one to three weeks. Dr.

Matloubian also proposed an alternative theory that Petitioner's DM was associated with a subsequently diagnosed breast cancer. The Special Master found that Petitioner failed to establish a medically acceptable timeframe for onset, as her symptoms appeared significantly later than the typical window for vaccine-induced DM.

The court also found that Petitioner did not demonstrate a logical sequence of cause and effect linking the vaccine to her DM, and that her expert did not adequately establish a general causation theory linking the flu vaccine to DM. Consequently, Petitioner's claim was denied.

Petitioner was represented by Martin J. Rubenstein, and Respondent was represented by Sarah C.

Duncan. The decision was issued by Special Master Brian H.

Corcoran.