Aaron Tomsky v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2020)

On August 22, 2017, Aaron Tomsky filed a petition alleging that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) caused by an influenza vaccine administered on September 19, 2014. The case was decided by Special Master Daniel T.

Horner. Petitioner's counsel was Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent's counsel was Ryan Daniel Pyles of the U.S.

Department of Justice. The Special Master found that while Mr.

Tomsky did suffer from CIDP, the evidence did not establish that the vaccine caused his condition. The decision details Mr.

Tomsky's medical history, noting that he experienced symptoms consistent with cervical radiculopathy, including arm pain and tingling, starting in August 2014, which was diagnosed by an orthopedic specialist on September 18, 2014. He also experienced facial weakness, diagnosed as Bell's Palsy, starting approximately three to four days before his September 19, 2014 vaccination.

The Special Master found that this facial weakness was a manifestation of his later diagnosed CIDP and that his lower extremity pain and sensory symptoms, which also predated the vaccination, were consistent with CIDP. Therefore, the Special Master concluded that Mr.

Tomsky's CIDP manifested prior to the vaccination, precluding a finding of causation-in-fact under the Althen test, which requires a logical sequence of cause and effect and a proximate temporal relationship between the vaccination and the injury. Even under an alternative theory of significant aggravation, the Special Master found that the medical records reflected a clinical course of CIDP that was unaffected by the vaccination.

Petitioner's expert, Dr. Lawrence Steinman, opined that the influenza vaccine could trigger CIDP through molecular mimicry and that Mr.

Tomsky's Bell's Palsy was distinct from his CIDP. Respondent's expert, Dr.

Eric Lancaster, opined that there is no reliable evidence that vaccines cause CIDP and that Mr. Tomsky's symptoms, including facial weakness and extremity pain, predated the vaccination and were consistent with CIDP.

The Special Master found Dr. Lancaster's opinion more persuasive regarding the timing of the onset of symptoms.

Ultimately, the Special Master concluded that the evidence did not support a logical sequence of cause and effect between the vaccination and the CIDP, nor a proximate temporal relationship, as the condition appeared to have begun before the vaccination. Therefore, the petition was dismissed for failure to prove causation.

The public decision does not describe the specific dollar amount of any award or annuity terms, as the petition was dismissed.