Kevin Kelly v. HHS - Influenza, diplopia, ptosis, and myasthenia gravis (2023)

Kevin Kelly filed a petition alleging that his December 17, 2013, influenza vaccination caused him to develop diplopia, ptosis, and myasthenia gravis. The case proceeded as an off-Table claim, meaning Mr.

Kelly had to prove causation-in-fact. He presented expert testimony from Dr.

Thomas Morgan, who opined that the flu vaccine could have caused his myasthenia gravis through a mechanism of molecular mimicry. Respondent countered with expert testimony from Dr.

Neil Romberg, who disputed the molecular mimicry theory as applied to the flu vaccine and myasthenia gravis, citing a lack of supporting literature and epidemiological evidence. The court noted that while Mr.

Kelly's symptoms appeared within a medically acceptable timeframe post-vaccination, his expert failed to establish a reliable medical theory linking the flu vaccine to his condition. Specifically, the court found insufficient evidence of immunological similarity between the flu vaccine and acetylcholine receptors, and no published case reports or animal models supporting the alleged causal link.

Although Mr. Kelly's treating physicians noted a temporal relationship between the vaccination and his symptoms, none definitively opined that the vaccine caused his condition.

Ultimately, the court concluded that Mr. Kelly had not met his burden of proof for causation-in-fact and therefore denied his claim for compensation.

The case was dismissed.