Alice Lawler v. HHS - Influenza, Bell's palsy (2020)

Alice Lawler filed a petition on May 22, 2018, alleging that an influenza vaccination she received on September 23, 2016, caused her to develop Bell's palsy. Ms.

Lawler, who was fifty-nine years old at the time of vaccination, reported experiencing facial drooping approximately twelve days after receiving the vaccine. Her medical records confirmed Bell's palsy as a diagnosis, but also noted an ear infection and potential viral infection as alternative causes.

Petitioner's treating physician, Dr. Christina Klemme, stated in a letter that there was a "possibility" of a link between the flu vaccine and Bell's palsy, citing UpToDate and uncited case studies.

Petitioner also submitted two medical articles, but did not explain their relevance to her specific case. The respondent argued against compensation, highlighting the lack of a definitive medical theory, the possibility of alternative causes, and the Institute of Medicine's conclusion that there is no established causal relationship between inactivated influenza vaccines and Bell's palsy.

The Special Master considered the evidence presented, including Dr. Klemme's letter and the submitted medical literature.

The respondent did not file an expert report. The Special Master found that Ms.

Lawler failed to establish a medical theory of causation (Althen Prong One), a logical sequence of cause and effect (Althen Prong Two), or a medically acceptable temporal relationship to infer causation (Althen Prong Three) by a preponderance of the evidence. Consequently, the petition was dismissed.

The decision was issued by Special Master Nora Beth Dorsey on May 27, 2020. Petitioner was represented by Danielle A.

Strait of Maglio, Christopher & Toale, LLP, and respondent was represented by Robert P. Coleman, III of the U.S.

Department of Justice.