Donald R. Izard v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) and systemic lupus erythematosus (SLE) (2024)

On May 9, 2017, Donald R. Izard, a 66-year-old male, filed a petition for compensation under the National Vaccine Injury Compensation Program.

He alleged that an influenza vaccine administered on October 14, 2015, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP) and systemic lupus erythematosus (SLE). The parties stipulated that Mr.

Izard suffers from SLE. However, the diagnosis of CIDP and its causal link to the vaccine were disputed.

Mr. Izard's medical records indicated symptoms of tingling in his hands and feet began around January 2016, more than three months after vaccination.

His treating physicians and experts offered differing opinions on his diagnosis and the cause of his conditions. Respondent argued that Mr.

Izard did not establish by a preponderance of the evidence that the flu vaccine caused his CIDP or SLE. After reviewing the medical records and expert testimony, Special Master Nora Beth Dorsey determined that Mr.

Izard failed to prove that the flu vaccine caused his conditions, finding that his symptoms were more consistent with SLE presenting with neuropathy rather than a separate CIDP diagnosis caused by the vaccine. The petition was denied.

Mr. Izard sought review of this decision, but the Court of Federal Claims, in an opinion by Senior Judge Edward J.

Damich, affirmed the Special Master's findings, concluding that the Special Master properly weighed the evidence and applied the correct legal standards. The court found no error in the Special Master's determination of the diagnosis, the onset timing of symptoms, or the evaluation of causation evidence.

The petition was denied.