T.B. v. HHS - Influenza, Parsonage Turner Syndrome (2022)
Case summary [AI summaries can sometimes make mistakes]
T.B., an individual whose age was not specified, received an influenza vaccine on October 3, 2017. He alleged that this vaccination caused Parsonage Turner Syndrome, leading to impairments in his left shoulder, voice, swallowing, and aggravation of pre-existing gastroesophageal reflux disease.
The petitioner did not allege a Table injury and therefore needed to prove causation-in-fact. During the proceedings, a recent MRI revealed a mass near the left jugular foramen, affecting cranial nerves IX, X, and XI.
Based on this new finding, both the petitioner's and respondent's experts agreed that the mass was the more likely cause of T.B.'s symptoms. Consequently, T.B. concluded he could not prove vaccine causation and filed a motion to dismiss his petition.
The Special Master granted the motion, dismissing the case for insufficient proof and entering judgment against the petitioner.
Source PDFs
USCOURTS-cofc-1_19-vv-01814