Erwin Evans v. HHS - Influenza, polyarthralgia, polyneuropathy, peripheral neuropathy, myalgias, paresthesia, arthritis, and vertigo (2022)

Erwin Evans filed a petition for compensation on April 28, 2020, alleging that the influenza vaccine he received on September 12, 2017, caused him to suffer from polyarthralgia, polyneuropathy, peripheral neuropathy, myalgias, paresthesia, arthritis, and vertigo. The Secretary of Health and Human Services filed a report contesting entitlement on October 23, 2020.

Following a status conference, Mr. Evans was ordered to file an expert report.

He submitted a report from Dr. David Axelrod on February 9, 2021, who opined that the flu vaccination caused Mr.

Evans to suffer reactive arthritis. The respondent filed responsive expert reports from Dr.

Chester Oddis on May 28, 2021, and Dr. Lindsay Whitton on June 29, 2021.

Dr. Oddis opined that an enteric infection caused Mr.

Evans's reactive arthritis. Mr.

Evans filed a supplemental report from Dr. Axelrod on September 30, 2021, and the respondent filed a second responsive report from Dr.

Whitton on November 19, 2021. During a status conference on December 8, 2021, Mr.

Evans indicated he would not file further expert reports. On January 5, 2022, the Special Master issued tentative findings.

Subsequently, on February 3, 2022, Mr. Evans moved to dismiss his petition.

Special Master Christian J. Moran noted that the evidence weighed against a finding that the flu vaccine can cause reactive arthritis and that the evidence preponderated against finding that the flu vaccine did cause Mr.

Evans's condition. The Special Master granted the motion for decision and dismissed the case with prejudice for insufficient proof.

The decision was issued on March 2, 2022.