{"package_id":"USCOURTS-cofc-1_17-vv-01132","decision_granule_id":"USCOURTS-cofc-1_17-vv-01132-0","petitioner_identifier":"Aaron Tomsky","is_minor":0,"age_at_vaccination":36.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2014-09-19","condition_raw":"chronic inflammatory demyelinating polyneuropathy (CIDP)","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2020-09-18","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:52:03.357370+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Aaron Tomsky, aged 36, received an influenza vaccine on September 19, 2014, and subsequently developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). Petitioner alleged the vaccine caused his CIDP. Respondent argued that petitioner's CIDP symptoms predated the vaccination. Petitioner's expert, Dr. Lawrence Steinman, proposed a theory of molecular mimicry, suggesting the vaccine's components could trigger an autoimmune response leading to CIDP, and that Mr. Tomsky's Bell's Palsy was a separate condition that evolved into CIDP post-vaccination. Respondent's expert, Dr. Eric Lancaster, opined that CIDP is not reliably linked to vaccines and that Mr. Tomsky's symptoms, including facial weakness and extremity pain, were manifestations of CIDP that began before the vaccination. Special Master Daniel T. Horner found that Mr. Tomsky experienced cervical radiculopathy unrelated to CIDP prior to vaccination, but that his facial weakness and lower extremity pain/sensory symptoms, consistent with CIDP, also predated the September 19, 2014 vaccination. Because the CIDP symptoms manifested before the vaccination, the Special Master concluded that the \"logical sequence of cause and effect\" and \"proximate temporal relationship\" prongs of the Althen test for causation-in-fact were not met. The petition was dismissed. Attorneys for petitioner were Shealene Priscilla Mancuso and Muller Brazil, LLP; attorney for respondent was Ryan Daniel Pyles. Decision date: September 18, 2020.","is_death":0,"date_of_death":null,"petition_filed_date":"2017-08-22","case_summary":"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.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Daniel T. Horner","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Shealene Priscilla Mancuso","petitioner_attorney_firm":"Muller Brazil, LLP","petitioner_attorney_location":"Dresher, PA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|shealene-mancuso|","firm_canonical_key":"muller-brazil","package_title":"TOMSKY v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01132","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01132.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01132.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_17-vv-01132-0","title":"TOMSKY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 8/24/2020) regarding 63 DECISION of Special Master. Signed by Special Master Daniel T. Horner. (et) Service on parties made.","date_issued":"2020-09-18","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-01132/granules/USCOURTS-cofc-1_17-vv-01132-0/pdf","pdf_bytes":410197,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_17-vv-01132/USCOURTS-cofc-1_17-vv-01132-0"},{"granule_id":"USCOURTS-cofc-1_17-vv-01132-1","title":"TOMSKY v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 03/12/2021) regarding 70 DECISION of Special Master - Fees Signed by Special Master Daniel T. Horner. (kp) Service on parties made.","date_issued":"2021-04-20","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}