Walter Thornton v. HHS - Influenza, rhabdomyolysis (2026)

Walter Thornton, a 27-year-old active duty Air Force member, filed a petition alleging that a seasonal influenza vaccination administered on September 30, 2016, caused him to develop rhabdomyolysis on October 11, 2016. He also received an inactivated polio vaccine on September 12, 2016, and an anthrax vaccine on October 3, 2016.

Mr. Thornton's theory of causation posited that the flu vaccine triggered a pro-inflammatory cytokine response, which, in combination with intense exercise, led to his rhabdomyolysis.

He presented expert testimony from Dr. M.

Eric Gershwin, who supported this theory, and noted opinions from treating physicians Dr. Shawna Scully and Dr.

Erik Ortega, who suggested a possible link between the vaccinations and his condition. The respondent, the Secretary of Health and Human Services, disputed the claim, presenting expert testimony from Dr.

Carlos Rose and Dr. Peter Donofrio.

Their opinions concluded that Mr. Thornton's rhabdomyolysis was more likely caused by exertion, not the vaccine, and questioned the proposed cytokine mechanism.

The Special Master, Christian J. Moran, denied Mr.

Thornton's claim, finding that he failed to establish a sound medical theory connecting the flu vaccine to rhabdomyolysis and did not demonstrate a proximate temporal relationship between the vaccination and the onset of his injury. The Special Master's decision was affirmed on review by Judge Molly R.

Silfen, who found it was not arbitrary or capricious. Mr.

Thornton was not awarded compensation.