Hans Hofer v. HHS - Influenza, brainstem encephalitis (2023)

Hans Hofer, a 58-year-old man, received an influenza vaccine on December 15, 2015. Approximately 25 days later, he developed symptoms including nausea, vomiting, dizziness, and headache, leading to a hospitalization where he was diagnosed with brainstem encephalitis.

His treating physicians considered various causes, including stroke, neoplasm, infection, and demyelination, ultimately leaning towards encephalitis of unknown etiology, with some noting the possibility of autoimmune demyelination. Mr.

Hofer's medical experts argued that his condition, characterized by a single, large inflammatory lesion in the brainstem that improved over time, was consistent with a monofocal acute inflammatory demyelination (MAID), a condition similar to ADEM, and that the flu vaccine could have triggered this autoimmune response through molecular mimicry. Respondent's experts suggested the encephalitis was more likely caused by an unspecified pathogen associated with Mr.

Hofer's history of smoking and chronic sinusitis, and questioned the link between the flu vaccine and demyelinating injuries, citing epidemiological studies that did not show a statistically significant risk. The Special Master found that Mr.

Hofer presented sufficient evidence of a sound medical theory connecting the flu vaccine to his condition, establishing a logical sequence of cause and effect, and a medically acceptable temporal relationship between the vaccination and symptom onset. Therefore, entitlement to compensation was granted, pending a damages determination.