Evelyn L. Bowling v. HHS - Influenza, transverse myelitis (2023)

Herbert E. Bowling, as executor of the estate of Evelyn L.

Bowling, alleged that the influenza vaccine administered on October 1, 2015, caused Ms. Bowling, then 78 years old, to develop transverse myelitis (TM), which ultimately led to her death on June 21, 2016.

Ms. Bowling had a history of neurological symptoms, including dizziness, numbness, and difficulty speaking, prior to vaccination, with some physicians diagnosing transient ischemic attacks (TIAs) and others considering seizures.

Following vaccination, she developed bilateral leg weakness and numbness, leading to a working diagnosis of transverse myelitis. However, the Secretary of Health and Human Services disputed this diagnosis, contending that Ms.

Bowling actually suffered from intravascular large B-cell lymphoma (IVLBCL), which was the cause of her symptoms and death. The court acknowledged that it was unclear if Ms.

Bowling had TM, but for the purpose of evaluating the Althen prongs, it assumed she did. Petitioner presented expert testimony suggesting molecular mimicry and non-specific immune system activation as theories for how the flu vaccine could cause TM.

The court found these theories to be conclusory and lacking persuasive evidence, particularly in light of epidemiological studies that did not support a causal link between the flu vaccine and TM. The court also noted that case reports, which petitioner relied on, provided little meaningful information about causation.

Furthermore, the court found that the evidence did not establish a logical sequence of cause and effect between the vaccination and the alleged injury. The court ultimately denied compensation, concluding that petitioner failed to prove by a preponderance of the evidence that the flu vaccine caused Ms.

Bowling's transverse myelitis.