{"package_id":"USCOURTS-cofc-1_16-vv-01174","decision_granule_id":"USCOURTS-cofc-1_16-vv-01174-0","petitioner_identifier":"Merry Whelan","is_minor":0,"age_at_vaccination":54.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2013-10-04","condition_raw":"dermatomyositis","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2019-03-06","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:55:40.838703+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Merry Whelan, age 54, received an influenza vaccine on October 4, 2013. She alleged this vaccine caused dermatomyositis (DM). Petitioner's expert, Dr. Arthur Brawer, opined that the flu vaccine caused DM through molecular mimicry, citing several articles, though the public decision notes these provided tenuous support or discussed different vaccines. Dr. Brawer also alluded to alternative theories like T-cell alteration and adjuvants, but did not detail their applicability. Respondent's expert, Dr. Mehrdad Matloubian, stated there is no established link between the flu virus and DM, and that molecular mimicry onset typically occurs within one to three weeks post-vaccination. Dr. Matloubian also proposed an alternative theory that Petitioner's DM was associated with a subsequently diagnosed breast cancer, citing studies showing DM is associated with cancer. The medical records indicated Petitioner's first DM-related symptoms (rash and shoulder pain) appeared approximately three months after vaccination, in late January/early February 2014, which the Special Master found to be outside the medically acceptable timeframe for vaccine-induced DM, particularly under the molecular mimicry theory. Petitioner failed to establish a logical sequence of cause and effect and a proximate temporal relationship. The Special Master, Brian H. Corcoran, denied entitlement, finding Petitioner failed to satisfy all three prongs of the Althen test. Petitioner was represented by Martin J. Rubenstein, and Respondent by Sarah C. Duncan. The decision was issued on March 6, 2019.","is_death":0,"date_of_death":null,"petition_filed_date":"2016-09-21","case_summary":"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.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Merry Whelan","petitioner_attorney_name":"Martin J. Rubenstein","petitioner_attorney_firm":"Martin Rubenstein","petitioner_attorney_location":"Staten Island, NY","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:45:30","attorney_canonical_keys":"|martin-rubenstein|","firm_canonical_key":"martin-rubenstein","package_title":"WHELAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01174","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01174.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01174.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_16-vv-01174-0","title":"WHELAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 1/28/2019) regarding 35 DECISION of Special Master Signed by Special Master Brian H. Corcoran. (mml) Service on parties made.","date_issued":"2019-03-06","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_16-vv-01174/granules/USCOURTS-cofc-1_16-vv-01174-0/pdf","pdf_bytes":432202,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_16-vv-01174/USCOURTS-cofc-1_16-vv-01174-0"},{"granule_id":"USCOURTS-cofc-1_16-vv-01174-1","title":"WHELAN v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 09/11/2019) regarding 41 DECISION of Special Master - Fees Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.","date_issued":"2019-10-18","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}