James Bacher v. HHS - Influenza, myasthenia gravis and death (2024)
Case summary [AI summaries can sometimes make mistakes]
On September 23, 2016, James Bacher filed a petition alleging that hepatitis B vaccinations and an influenza vaccination caused myasthenia gravis. Mr.
Bacher, who was 66 when the vaccination sequence began, received hepatitis B vaccine on September 6, 2013, hepatitis B and influenza vaccines on October 2, 2013, and a third hepatitis B vaccine on March 14, 2014. The record described memory problems, tremor, dizziness, balance symptoms, anxiety, and later double vision.
Neurologist Nurcan Gursoy diagnosed myasthenia gravis in June 2014. After Mr.
Bacher died, Anne Marie Bacher was substituted as legal representative of his estate, and the amended claim alleged that vaccine-caused myasthenia gravis contributed to his death. Petitioner's experts, including Drs.
Morgan, Napoli, and Norton, advanced an off-Table molecular-mimicry theory involving cross-reactivity with acetylcholine receptors at the neuromuscular junction. Respondent's neurologist, Dr.
Timothy Vartanian, disputed general causation. Special Master Daniel T.
Horner held that the case failed Althen prong one because petitioner had not shown a reliable medical theory connecting the vaccines to myasthenia gravis. The petition was dismissed on July 29, 2024.
A later fee award was for attorneys' fees and costs only, not injury compensation.