Edward McCall v. HHS - Influenza, rheumatoid arthritis (2022)
Case summary [AI summaries can sometimes make mistakes]
Edward McCall filed a petition on January 31, 2018, alleging that the Prevnar-13 and influenza vaccinations he received on January 18, 2017, caused him to develop rheumatoid arthritis. The respondent, the Secretary of Health and Human Services, contested entitlement.
Following extensive expert report exchanges regarding causation and onset timing, Mr. McCall moved to dismiss his petition on March 30, 2022, stating he would be unable to prove entitlement to compensation.
Special Master Christian J. Moran noted that the evidence weighed against a finding of causation, referencing a prior similar case, Tullio v.
Secretary of Health & Human Services, which found the flu vaccine could not cause rheumatoid arthritis. The Special Master also found Mr.
McCall's evidence regarding the timing of his symptom onset to be insufficient. Consequently, the Special Master granted Mr.
McCall's motion and dismissed the case with prejudice for insufficient proof. Petitioner was represented by Andrew D.
Downing of Van Cott & Talamante, PLLC, and respondent was represented by Kyle E. Pozza of the U.S.
Department of Justice. The decision was issued on April 19, 2022.