Edward McCall v. HHS - Influenza, rheumatoid arthritis (2022)

Filed 2018-01-31Decided 2022-05-11Vaccine Influenza
dismissed

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 May 11, 2022.

Theory of causation

Petitioner Edward McCall alleged that the influenza vaccine received on January 18, 2017, caused rheumatoid arthritis. Petitioner's expert, Dr. Thomas Zizic, opined that the vaccine triggered rheumatoid arthritis within approximately two months via molecular mimicry, cross-priming, immune complex formation, or a combination thereof, stating eight weeks was an appropriate, albeit outer-edge, onset interval. Respondent's experts, Dr. Chester Oddis, Dr. J. Lindsay Whitton, and Dr. Lawrence Moulton, contested this theory. They argued that Dr. Zizic's timing was theoretical, lacked medical literature support, and that Mr. McCall's symptom onset was approximately 15 weeks post-vaccination, exceeding appropriate temporal intervals. Respondent's experts also noted that experts recommend vaccinations for rheumatoid arthritis patients and that large epidemiological studies have not shown an increased risk of rheumatoid arthritis following the flu vaccine. The Special Master referenced the prior decision in Tullio v. Secretary of Health & Human Services, which found the flu vaccine could not cause rheumatoid arthritis, noting similarities in the molecular mimicry theory presented. The Special Master found that Mr. McCall's evidence regarding causation and the timing of symptom onset was insufficient to meet the preponderance of the evidence standard. The case was dismissed with prejudice for insufficient proof. Petitioner's counsel was Andrew D. Downing, and respondent's counsel was Kyle E. Pozza. Special Master Christian J. Moran issued the decision on May 11, 2022.

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