Cindy Barrientos v. HHS - Influenza, significant aggravation of pre-existing transverse myelitis and thoracic myelopathy (2024)

Cindy Barrientos filed a petition alleging that an influenza vaccine administered on December 11, 2015, significantly aggravated her pre-existing transverse myelitis and thoracic myelopathy. Ms.

Barrientos, born November 24, 1973, had a complex medical history predating the vaccination, including spinal stenosis, a herniated disc, and a severe post-operative infection following spinal surgery in 2014, which led to paraplegia and transverse myelitis. She had undergone multiple surgeries and extensive rehabilitation, with her condition characterized by significant weakness, spasticity, and limited mobility, requiring the use of a rolling walker.

Petitioner's expert, Dr. Carlo Tornatore, opined that the flu vaccine caused a significant aggravation of her transverse myelitis, citing mechanisms like molecular mimicry and a 'fertile field' effect, and attributing a 20% worsening of her disability to the vaccine.

Respondent's expert, Dr. Adil Javed, countered that Ms.

Barrientos's worsening condition was due to the natural progression of her pre-existing compressive myelopathy, exacerbated by her prior infections and surgeries, and not caused by the vaccine. Dr.

Javed emphasized that her condition was not consistent with transverse myelitis, which is typically monophasic, and that her MRIs showed progressive compressive myelopathy. The Court found that while Ms.

Barrientos experienced a worsening of her condition after vaccination, this was a continuation of her pre-existing spinal stenosis and compressive myelopathy, complicated by prior infections, rather than a vaccine-induced aggravation. The Court noted the lack of evidence supporting the 'fertile field' theory in this context and found that her condition did not meet the diagnostic criteria for transverse myelitis post-vaccination.

Ultimately, the Court concluded that Ms. Barrientos failed to prove by a preponderance of the evidence that the flu vaccination significantly aggravated her pre-existing condition, and therefore, her petition was dismissed.