Rusell Blender v. HHS - Influenza, polyneuropathy (2021)

Rusell Blender, a 70-year-old man, filed a petition alleging that he suffered a polyneuropathy as a result of an influenza vaccine administered on November 4, 2013, and a pneumococcal conjugate (Prevnar 13) vaccine administered on November 14, 2013. The parties agreed that his condition was best characterized as chronic idiopathic axonal polyneuropathy (CIAP).

The court found that Mr. Blender provided sufficient evidence to establish that the influenza vaccine caused his CIAP.

Petitioner's experts, Dr. Raji Grewal and Dr.

Enrique Aradillas, opined that the flu vaccine triggered an immune-mediated response through molecular mimicry, leading to axonal damage. Respondent's expert, Dr.

Vinay Chaudhry, argued that the vaccinations did not cause the polyneuropathy, citing the temporal relationship and lack of evidence for an acute immune neuropathy. The court found that Mr.

Blender met the three prongs of the Althen test for off-Table claims: a sound medical theory (molecular mimicry causing immune-mediated axonal injury), a logical sequence of cause and effect (no alternative cause identified, treating physicians considered vaccination as a possibility), and a proximate temporal relationship (onset of symptoms approximately 55 days after vaccination, within the medically acceptable timeframe). The court concluded that the respondent failed to prove the injury was caused by factors unrelated to the vaccine.

Therefore, entitlement to compensation was granted, with a separate order to follow for damages.