Kim Mailangkay v. HHS - Influenza, Bell's palsy, migraines with aura, disequilibrium and depression (2019)

Kim Mailangkay filed a petition alleging that she developed Bell's palsy, migraines with aura, disequilibrium, and depression as a result of receiving an influenza vaccine on October 5, 2015. She presented medical records and an expert report, while the respondent filed their own expert report and recommended denial.

During a status conference, the court noted that Mailangkay's Bell's palsy symptoms improved and mostly resolved by March 2016, potentially failing to meet the six-month severity requirement for compensation. Her migraines began as the Bell's palsy symptoms dissipated and were diagnosed as classic migraine.

Mailangkay's expert opined that the vaccine caused the Bell's palsy, which in turn triggered the migraines, using the theory of molecular mimicry. However, the court found that the medical literature cited supported migraine as a risk factor for Bell's palsy, not the reverse, and that Bell's palsy is acute and self-limited while migraine is common and chronic.

The court agreed with the respondent's expert that the evidence did not support Mailangkay's assertion that her Bell's palsy triggered her migraines. Consequently, the court found insufficient evidence to establish causation under the National Vaccine Injury Compensation Program or the Althen standard.

Mailangkay subsequently filed a motion to voluntarily dismiss her claim, which was granted, and the case was dismissed for insufficient proof.