Tori Smith v. HHS - Influenza, Bell's palsy and postural orthostatic tachycardia syndrome (POTS) (2021)

Tori Smith, born in 1977, filed a petition on March 18, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccination administered on October 11, 2017, caused her to suffer Bell's palsy and postural orthostatic tachycardia syndrome (POTS).

Ms. Smith was 40 years old at the time of vaccination.

The respondent was the Secretary of Health and Human Services. Ms.

Smith initially sought a ruling that she was entitled to compensation, but the Secretary opposed this motion, raising procedural and substantive objections, including that Ms. Smith had not met the burden of proving causation and that her alleged injuries did not meet the Vaccine Act's severity requirement of lasting more than six months.

Ms. Smith filed additional medical records, addressing the procedural issues.

However, the court found that the evidence did not establish that either Bell's palsy or POTS lasted for more than six months. Regarding Bell's palsy, Ms.

Smith first reported left-sided facial weakness approximately six weeks after vaccination, with a diagnosis of Bell's palsy made on November 27, 2017. While her symptoms initially improved, they reportedly worsened around December 8-15, 2017, before again resolving according to a December 27, 2017, medical note.

A May 18, 2018, report from Dr. Joseph Kratzer, which Ms.

Smith cited as evidence of ongoing injury, did not document any active Bell's palsy problems. The court found that Ms.

Smith had not established by preponderant evidence that her Bell's palsy lasted longer than six months. Concerning POTS, the earliest suspicion arose around December 8, 2017, with a diagnosis of POTS being considered after tilt-table testing on January 15, 2018, which was interpreted as abnormal and consistent with POTS.

However, a cardiologist, Dr. Bittrick, noted on January 29, 2018, that her POTS "seems to have burned out." This conclusion was supported by the absence of recorded tachycardia complaints in subsequent home health visits and medical appointments through March 2018.

Ms. Smith relied on Dr.

Kratzer's May 18, 2018, report, which described her POTS as "self limited," and her own deposition testimony from a workers' compensation proceeding to argue the condition persisted. The court found Dr.

Kratzer's report did not document ongoing POTS and that Ms. Smith's deposition testimony alone, unsubstantiated by medical records or opinion documenting ongoing treatment or diagnosis, could not satisfy the six-month duration requirement.

The court noted that the issue of causation was not reached because the severity requirement was not met. Special Master Christian J.

Moran issued the decision denying compensation on February 17, 2021. Petitioner's counsel was Joseph Mooneyham, and respondent's counsel was Althea Walker Davis.