Kathleen Cooper-Loher v. HHS - Influenza, granuloma annulare (2023)

Filed 2018-05-31Decided 2023-08-01Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Kathleen Cooper-Loher filed a petition alleging that her November 9, 2015 influenza vaccine caused her to develop granuloma annulare (GA), and that a subsequent influenza vaccine on November 7, 2016, significantly aggravated her condition. Petitioner, an operating room registered nurse, had a history of skin conditions, including GA noted in 2010 and possibly earlier.

She alleged that following the 2015 vaccine, she experienced severe itching that progressed to a rash in early 2016, which she attributed to the vaccine. However, medical records indicated the rash appeared approximately five months after the 2015 vaccination and was preceded by a viral upper respiratory infection (URI).

Petitioner's expert, Dr. Rostad, theorized a delayed-type hypersensitivity (DTH) reaction to the vaccine caused the GA.

Respondent's expert, Dr. Boos, argued that GA is rare, Petitioner's condition predated the vaccinations, and the timing of her rash was more consistent with a viral infection than the vaccine.

Dr. Knierim, Petitioner's second expert, initially opined the GA was vaccine-triggered but later conceded in a supplemental report that GA was present years prior to the vaccinations, significantly weakening Petitioner's claim.

The court found that Petitioner's GA was present before the vaccinations, and the evidence did not establish a clear causal link or significant aggravation directly attributable to the vaccines, especially given the intervening viral infections and the significant time lapse between vaccination and symptom onset. Therefore, the petition was dismissed.

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