{"package_id":"USCOURTS-cofc-1_18-vv-00558","decision_granule_id":"USCOURTS-cofc-1_18-vv-00558-0","petitioner_identifier":"Anthony Abels","is_minor":0,"age_at_vaccination":47.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2016-10-06","condition_raw":"brachial neuritis","condition_category":"brachial_neuritis","autism_spectrum_adjacent":0,"outcome":"entitlement_granted_pending_damages","award_amount_usd":null,"decision_date":"2022-06-06","extraction_version":"gemini-v2","extracted_at":"2026-04-30T05:06:58.209588+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":2,"theory_of_causation":"Petitioner Anthony Abels, age 47, received an influenza vaccine on October 6, 2016. He alleged this vaccine caused brachial neuritis. Petitioner's expert, Dr. Daniel DiCapua, opined that the flu vaccine was a substantial factor in causing the brachial neuritis, proposing an immune-mediated mechanism involving complement-dependent antibody-mediated demyelination, potentially triggered by the vaccine or local tissue damage. He cited medical literature suggesting vaccinations can trigger immune responses leading to brachial neuritis, and noted that petitioner's pre-existing shoulder issues were distinct from the acute, severe onset of brachial neuritis. Respondent's expert, Dr. Brian Callaghan, initially suggested bodybuilding as an alternative cause and questioned the temporal relationship, but later conceded a temporal association and acknowledged autoimmune mechanisms could play a role. He also noted a lack of extensive epidemiological studies linking the flu vaccine to brachial neuritis. The Special Master found Dr. DiCapua's theory sound and reliable, supported by medical literature and case reports, and found Dr. Callaghan's alternative causation arguments unpersuasive and internally inconsistent. The Special Master determined a proximate temporal relationship existed, with symptom onset (pain) approximately two days post-vaccination, followed by weakness, which was medically acceptable and consistent with the proposed immune-mediated mechanism. Entitlement was granted.","is_death":0,"date_of_death":null,"petition_filed_date":"2018-04-18","case_summary":"On April 18, 2018, Anthony Abels filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 6, 2016, caused him to develop brachial neuritis. Mr. Abels, a 47-year-old bodybuilder, had a medical history that included prior right shoulder pain, numbness, and weakness, as well as chronic pain syndrome for which he took prescription medication. He stated that before the vaccination, he had no physical limitations or injuries to his right shoulder and was highly active. He reported experiencing severe pain in his right shoulder and arm starting around October 8, 2016, approximately two days after vaccination, which led to weakness and atrophy in his right arm. His wife and a friend corroborated the onset of pain and subsequent limitations. Petitioner's treating physicians, including Dr. Stephen Hyman and Dr. Norman Burns, noted symptoms consistent with brachial plexopathy and suspected a link to the vaccination. Dr. William Gonte, a physician friend, observed Mr. Abels' difficulty with his workout regimen and progressive weakness and atrophy shortly after the vaccination. Petitioner's expert, Dr. Daniel DiCapua, opined that the flu vaccine was a substantial factor in causing Mr. Abels' brachial neuritis, proposing an immune-mediated mechanism involving the complement system and demyelination, or anti-ganglioside antibodies similar to Guillain-Barré Syndrome. Dr. DiCapua concluded that Mr. Abels' clinical course, including the rapid onset of pain and subsequent weakness, was consistent with this theory and that his pre-existing shoulder issues were distinct from the acute brachial neuritis. Respondent's expert, Dr. Brian Callaghan, initially questioned the temporal relationship and suggested bodybuilding as an alternative cause, citing literature on mechanical stretching and compression of nerves from strenuous exercise. However, Dr. Callaghan later conceded a temporal association was possible and acknowledged that an autoimmune mechanism might play a role in some cases. In his second report, Dr. Callaghan retracted his initial opinion regarding the temporal relationship, suggesting symptoms predated the vaccination based on a review of Dr. Anderson's records, and therefore argued against vaccine causation. He also noted a lack of extensive epidemiological evidence specifically linking the flu vaccine to brachial neuritis, contrasting it with the tetanus vaccine. The Special Master, Nora Beth Dorsey, found that Mr. Abels provided preponderant evidence of a sound and reliable medical theory connecting the flu vaccine to brachial neuritis, supported by Dr. DiCapua's expert opinion and medical literature. The Special Master also found sufficient evidence of a logical sequence of cause and effect, noting that Mr. Abels' treating physicians did not attribute his condition to exercise and that Dr. Callaghan's opinions on exercise as an alternative cause were inconsistent. The Special Master determined that the temporal relationship between the vaccination on October 6, 2016, and the onset of pain on October 8, 2016, followed by weakness, was medically acceptable and proximate, citing Dr. Gonte's observations and other medical records. Consequently, Special Master Dorsey ruled that Anthony Abels is entitled to compensation, with damages to be determined in a separate order. Petitioner was represented by Bridget McCullough of Muller Brazil, LLP, and respondent was represented by Sarah Duncan of the U.S. Department of Justice.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Nora Beth Dorsey","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Bridget Candace McCullough","petitioner_attorney_firm":"Muller Brazil, LLP","petitioner_attorney_location":"Dresher, PA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|bridget-mccullough|","firm_canonical_key":"muller-brazil","package_title":"ABELS v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00558","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00558.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00558.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_18-vv-00558-0","title":"ABELS v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC RULING (Originally filed: 5/6/2022) regarding 97 Ruling on Entitlement. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made.","date_issued":"2022-06-06","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_18-vv-00558/granules/USCOURTS-cofc-1_18-vv-00558-0/pdf","pdf_bytes":421662,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'ruling on entitlement'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_18-vv-00558/USCOURTS-cofc-1_18-vv-00558-0"},{"granule_id":"USCOURTS-cofc-1_18-vv-00558-1","title":"ABELS v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 9/7/2022) regarding 109 DECISION Based on Proffer. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made.","date_issued":"2022-10-04","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_18-vv-00558/granules/USCOURTS-cofc-1_18-vv-00558-1/pdf","pdf_bytes":307875,"triage_decision":"keep","triage_reason":"docketText matches keep keyword ' proffer'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_18-vv-00558/USCOURTS-cofc-1_18-vv-00558-1"},{"granule_id":"USCOURTS-cofc-1_18-vv-00558-2","title":"ABELS v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 07/21/2023) regarding 117 DECISION of Special Master - Fees Signed by Special Master Nora Beth Dorsey. (jm) Service on parties made.","date_issued":"2023-08-02","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}