Lynn Acton v. HHS - Influenza, post-vaccinal myoclonus / significant aggravation of chronic fatigue syndrome and Lyme disease (2025)

On May 1, 2019, Lynn Acton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on November 30, 2016, caused a significant aggravation of her pre-existing chronic fatigue syndrome and Lyme disease, leading to myoclonus, tremors, fasciculations, and muscle atrophy. She also alleged immune activation syndrome from a previous vaccination, resulting in chronic fatigue syndrome and brain injury.

The respondent contested entitlement, questioning the causal link and the petitioner's pre-existing conditions. After an entitlement hearing, Special Master Daniel T.

Horner issued a ruling on December 12, 2024, finding that while the petitioner's expert, James R. Neuenschwander, M.D., did not establish entitlement for the full scope of her alleged syndrome, the medical records and the opinion of movement disorder specialist Duarte G.

Machado, M.D., were sufficient to establish entitlement for post-vaccinal myoclonus only. The Special Master found Dr.

Neuenschwander's opinions to be neither credible nor reliable, particularly regarding his theories of immune activation and the cell danger response, and noted that his expertise did not extend to neurology or immunology. However, the Special Master found Dr.

Machado's assessment of post-vaccinal myoclonus, supported by the medical records and partially by respondent's expert Norman S. Werdiger, M.D., to be sufficient to meet the petitioner's burden of proof for this specific condition.

The case then proceeded to the damages phase. On November 4, 2025, respondent filed a proffer on award of compensation, which petitioner agreed to.

Special Master Horner issued a decision on December 2, 2025, awarding petitioner a lump sum of $65,786.83. This award included $50,000.00 for pain and suffering, $220.00 for past unreimbursable expenses, and $15,566.83 for past lost earnings.