Robert Giesbrecht v. HHS - Influenza, polymyalgia rheumatica (2023)

Robert Giesbrecht, born in 1948, received an influenza vaccine on October 31, 2014. He alleged that this vaccine caused him to develop polymyalgia rheumatica (PMR), a musculoskeletal condition characterized by aching and stiffness in the neck, shoulders, hips, and thighs, typically affecting individuals over 50.

Mr. Giesbrecht's primary treating physician, Dr.

Yohe, initially suggested PMR as a possible diagnosis, noting symptoms of shoulder and hip pain with morning stiffness approximately two months after vaccination. However, the court found that the evidence did not preponderantly establish that Mr.

Giesbrecht actually suffered from PMR. Key diagnostic criteria for PMR, such as an elevated erythrocyte sedimentation rate (ESR), were not consistently met, with Mr.

Giesbrecht's ESR results often within normal or age-adjusted normal ranges. Furthermore, the court noted that Mr.

Giesbrecht had a pre-existing history of musculoskeletal complaints, and both his treating physician and respondent's expert suggested that his symptoms could be attributed to osteoarthritis or potentially a statin myopathy. The court also found that Mr.

Giesbrecht failed to present a persuasive medical theory connecting the influenza vaccine to PMR, particularly regarding the proposed mechanism involving cytokine production, which has been frequently rejected in prior cases. Because Mr.

Giesbrecht did not establish either the diagnosis of PMR or a valid causation theory, his petition for compensation was denied.