Duane Hoffman v. HHS - Influenza, chronic inflammatory demyelinating polyneuropathy (CIDP) (2024)

Duane Hoffman, born in 1960, received an influenza vaccine on January 7, 2017, while hospitalized for a COPD exacerbation. He had been diagnosed with chronic lymphocytic leukemia (CLL) in 2015.

Shortly after vaccination, he developed low back pain, followed by leg pain, weakness, and numbness. Initially diagnosed with Guillain-Barré syndrome (GBS), his diagnosis was later changed to chronic inflammatory demyelinating polyneuropathy (CIDP) in October 2017.

Mr. Hoffman alleged the flu vaccine caused his CIDP.

Initially, he pursued a claim for GBS under the Vaccine Injury Table, but as his diagnosis shifted to CIDP (an exclusionary criterion for GBS Table claims), the case was reassigned to pursue an off-Table claim for CIDP. The Special Master initially denied compensation, finding Mr.

Hoffman failed to establish a persuasive medical theory connecting the flu vaccine to CIDP and that he had not met the burden of proof. On review, the Court of Federal Claims found the Special Master had applied an incorrect legal standard by requiring a "persuasive theory" rather than a "biologically plausible theory" supported by preponderant evidence.

The case was remanded. Upon remand, the Special Master, applying the correct standard, found that Mr.

Hoffman had presented preponderant evidence linking the flu vaccine to CIDP via a biologically plausible theory of molecular mimicry, and that he had also met the second prong of the Althen test by showing a logical sequence of cause and effect. Therefore, entitlement to compensation was granted.

A separate order for damages will follow.