{"package_id":"USCOURTS-cofc-1_18-vv-01353","decision_granule_id":"USCOURTS-cofc-1_18-vv-01353-0","petitioner_identifier":"Cheryl Dewit","is_minor":0,"age_at_vaccination":53.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2015-10-07","condition_raw":"transverse myelitis (TM)","condition_category":"TM","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2026-02-25","extraction_version":"manual-supplement-redo-2026-05-normal41","extracted_at":"2026-05-04 23:59:54","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":56,"theory_of_causation":"Influenza vaccine on October 7, 2015, age 53, alleged to cause transverse myelitis with onset roughly eight to ten weeks later. DENIED. Petitioner relied on Dr. Michael Levy and a molecular mimicry/immune-mediated theory; respondent disputed both biological reliability and case-specific sequence. Special Master Corcoran found petitioner did not carry the Althen burden, including reliable theory and logical sequence, and denied entitlement. Decision filed February 25, 2026.","is_death":0,"date_of_death":null,"petition_filed_date":"2018-09-05","case_summary":"On September 5, 2018, Cheryl Dewit filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 7, 2015, caused her to develop transverse myelitis (TM). The petition was assigned to Special Master Mindy Michaels Roth. An entitlement hearing was held on December 8 and 9, 2022, followed by additional filings and post-hearing briefs. The Special Master issued a decision on March 24, 2026, denying the petition.\n\nMs. Dewit, 53 years old, had a past medical history including severe allergies, asthma, hypothyroidism, pre-diabetes, and a history of left arm numbness diagnosed as carpal tunnel syndrome in 2013. She received the influenza vaccine on October 7, 2015. Approximately 71 days later, on December 17, 2015, she presented with numbness and pain in her left neck and arm. The following day, she experienced left-sided weakness, progressing to inability to move her left arm and leg, and some right leg weakness. She was transferred to University Hospital, where imaging revealed a lesion in the cervical spinal cord. Initial diagnoses included myelopathy and suspected TM. She received treatment including methylprednisolone, prednisone, and IVIG. Her condition evolved, with further imaging revealing cerebellar infarcts and other complications. She was discharged on January 22, 2016, to rehabilitation, with a final discharge summary listing diagnoses including cerebrovascular accident (CVA) involving the cerebellum, melena, transverse myelitis, stroke, and urinary tract infection.\n\nPetitioner's expert, Dr. Michael Levy, a neurologist and neuroimmunologist, opined that Ms. Dewit suffered from TM caused by the flu vaccine through molecular mimicry. He argued that the onset of symptoms, even if occurring up to 8-10 weeks post-vaccination, was medically appropriate for an immune-mediated response. He also contended that the subsequent complications, including cerebellar strokes, were directly linked to her TM.\n\nRespondent's experts, Dr. J. William Lindsey, a neurologist, and Dr. William B. Zucconi, a neuroradiologist, disagreed with the diagnosis of TM and the theory of causation. Dr. Lindsey opined that Ms. Dewit's presentation was more consistent with spinal cord infarct (SCI) than TM, citing the rapid onset, lack of initial inflammation on MRI and CSF, and limited response to immunotherapy. Dr. Zucconi, focusing on neuroimaging, concluded that the pattern of injury, particularly the grey matter involvement and its evolution, was highly suggestive of SCI and incompatible with TM. Both experts noted that TM is often misdiagnosed and that SCI is frequently the correct diagnosis upon further investigation. They also argued that the onset of symptoms 71 days post-vaccination was too remote in time to establish a medically reasonable timeframe for causation for an immune-mediated disease, and that there was no convincing evidence linking the flu vaccine to SCI or even TM, especially given the delayed onset.\n\nSpecial Master Roth found that the evidence best supported a diagnosis of spinal cord infarct (SCI), not transverse myelitis (TM). Furthermore, the Special Master determined that the onset of symptoms, 71 days after vaccination, was too remote in time to establish a medically reasonable timeframe for causation for an immune-mediated disease, whether TM or SCI. The Special Master also noted that Ms. Dewit's condition did not significantly improve with immunotherapies, which is more consistent with SCI than TM. Ultimately, the Special Master concluded that Ms. Dewit failed to prove by a preponderance of the evidence that the flu vaccine caused her injury, and therefore, her petition was denied. Petitioner was represented by Howard Mishkind, Esq., and respondent was represented by Catherine Stolar, Esq.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Mindy Michaels Roth","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Howard Mishkind","petitioner_attorney_firm":"Mishkind Kulwicki Law Co., L.P.A.","petitioner_attorney_location":"Cleveland, OH","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|howard-mishkind|","firm_canonical_key":"mishkind-kulwicki-law","package_title":"DEWIT v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01353","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01353.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01353.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_18-vv-01353-0","title":"DEWIT v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 2/25/2026) regarding 93 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made.","date_issued":"2026-03-24","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_18-vv-01353/granules/USCOURTS-cofc-1_18-vv-01353-0/pdf","pdf_bytes":574269,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_18-vv-01353/USCOURTS-cofc-1_18-vv-01353-0"}]}