Jeffrey D. Musumeci v. HHS - Influenza, paratrigeminal oculosympathetic syndrome (Raeder’s syndrome), Horner’s syndrome, and hemicrania continua; ultimately diagnosed with Horner’s syndrome and chronic migraines (2024)
Case summary [AI summaries can sometimes make mistakes]
Jeffrey Musumeci received an influenza vaccine on October 4, 2013. He filed a petition alleging that this vaccine caused paratrigeminal oculosympathetic syndrome (Raeder’s syndrome), Horner’s syndrome, and hemicrania continua.
The court focused on determining the onset date of his symptoms. Petitioner and his wife testified that symptoms began 4-5 days after vaccination, including cough, congestion, facial pain, and eye drooping.
However, contemporaneous medical records and work attendance records indicated that Mr. Musumeci worked extensively in the weeks following vaccination and did not seek medical attention until October 21, 2013, for a cough and sinus infection.
His first documented visit for facial pain was on October 23, 2013. Eye drooping was first noted in the medical records on November 4, 2013.
The court found the contemporaneous medical records more persuasive than the later testimony and affidavits. Based on the medical records, the court determined that the onset of symptoms indicative of Horner’s syndrome and chronic migraines began on October 23, 2013, which is 19 days after vaccination.
The court noted that Raeder's syndrome was not confirmed and hemicrania continua was ruled out. The case is proceeding, with the petitioner's expert required to address causation based on the established onset date and consider the role of a concurrent upper respiratory infection.
Source PDFs
USCOURTS-cofc-1_16-vv-01232