Colleen Althaus v. HHS - Influenza, vertigo, downbeat nystagmus, cerebellar visual disturbance, and alleged post-vaccinal encephalitis (2026)
Case summary [AI summaries can sometimes make mistakes]
Colleen Althaus, a 45-year-old medical secretary, filed a petition alleging that an influenza vaccine administered on December 8, 2015, caused her to develop vertigo, autoimmune cerebellar visual disturbance, and downbeat nystagmus. She reported experiencing visual disturbances, described as double vision and blurry vision, starting the day after her vaccination.
Her medical records document a progression of these symptoms, along with dizziness and balance issues. Extensive medical evaluations by ophthalmologists, neurologists, and neuro-ophthalmologists revealed downbeat nystagmus and skew deviation, and subsequent testing identified positive GAD65 antibodies, IA-2 antibodies, and insulin auto-antibodies, leading to a diagnosis of autoimmune cerebellar visual syndrome.
Petitioner's expert, Dr. Alberto Martinez-Arizala, proposed molecular mimicry as the causal mechanism, suggesting vaccine components triggered an autoimmune response.
Respondent's experts, Dr. Marc Bouffard and Dr.
James Moy, contested this, arguing that the one-day onset was too soon for an autoimmune response via molecular mimicry and that the GAD65 antibodies were more likely associated with Petitioner's developing diabetes. The court found that Petitioner failed to establish causation under the Althen test.
Specifically, the court determined that the one-day onset of symptoms was not a medically acceptable temporal relationship for the proposed mechanism of molecular mimicry, and that evidence of GAD65 antibodies and diabetes suggested alternative causes for her condition. Consequently, the petition was dismissed for insufficient proof of causation.
Theory of causation
Influenza vaccine on December 8, 2015, age 45, alleged to cause vertigo, downbeat nystagmus, cerebellar/visual disturbance, and post-vaccinal encephalitis beginning the next day. DISMISSED after petitioner did not establish entitlement. The public decision describes visual disturbance, diplopia/blurry vision, dizziness, balance problems, and extensive evaluation; respondent disputed vaccine causation. Decision filed February 10, 2026.
Source PDFs
USCOURTS-cofc-1_18-vv-01868