Debra Heath v. HHS - Influenza, unilateral sudden sensorineural hearing loss (2024)

Debra Heath, an adult, received an influenza vaccine on September 20, 2016. Approximately twenty days later, on October 10, 2016, she experienced an acute onset of left-sided hearing loss, tinnitus, and neck pain, later diagnosed as unilateral sudden sensorineural hearing loss (SSNHL).

Ms. Heath filed a petition alleging the flu vaccine caused her SSNHL.

The case proceeded as an off-Table claim, requiring Ms. Heath to prove causation-in-fact.

She presented expert testimony from Dr. Hamid Djalilian, who theorized that the vaccine triggered a migraine, which in turn caused the SSNHL.

The respondent, the Secretary of Health and Human Services, presented expert testimony from Dr. Yu-Lan Mary Ying, who disputed the vaccine-causation link and argued that Ms.

Heath's symptoms were more likely idiopathic or related to sinus congestion and middle ear fluid. The Special Master found that Ms.

Heath did not establish a migraine within 72 hours of vaccination, nor did she establish a logical sequence of cause and effect linking the vaccine to her SSNHL, particularly given the 20-day onset. The court also noted that SSNHL is not listed on the Vaccine Injury Table for the flu vaccine.

Ultimately, the Special Master concluded that Ms. Heath failed to meet her burden of proof for vaccine causation and dismissed her petition.