Niberley Walton v. HHS - Tdap, small fiber neuropathy and fibromyalgia (2025)

Filed 2020-06-29Decided 2025-07-30Vaccine Tdap
dismissed

Case summary [AI summaries can sometimes make mistakes]

On June 29, 2020, Niberley Walton filed a petition alleging that a Tdap vaccine administered on December 4, 2018 caused or significantly aggravated vaccine-induced neuropathy, small fiber neuropathy, and fibromyalgia. The claim became an expert-heavy causation dispute.

Respondent argued that the record did not show a reliable theory explaining symptoms within 24 to 48 hours and did not establish preexisting small fiber neuropathy or fibromyalgia that had been significantly aggravated. Petitioner's rheumatology expert, Dr.

David Axelrod, discussed an immune-mediated theory involving cytokines and possible molecular mimicry, while acknowledging that a specific adaptive immune response would ordinarily take more time. Respondent's neurologist, Dr.

Christopher Lancaster, and immunologist, Dr. Christine Schroeder, disputed that the vaccine caused the condition, argued that fibromyalgia was the stronger diagnosis, and emphasized that fibromyalgia is not an inflammatory autoimmune disease and that the skin-biopsy evidence for small fiber neuropathy was borderline.

Petitioner later filed an additional neurologist report from Dr. Jeret.

Special Master Christian J. Moran found that the theory remained too vague and that the record supported fibromyalgia more strongly than a vaccine-caused autoimmune neuropathy.

After the court's orders, Ms. Walton withdrew the case.

It was dismissed with prejudice on July 30, 2025, with no compensation awarded.

Theory of causation

Tdap vaccine December 4, 2018 allegedly causing/significantly aggravating small fiber neuropathy and fibromyalgia; adult, exact age not stated. DISMISSED. Petitioner experts included Dr. David Axelrod and later Dr. Jeret; respondent experts Dr. Christopher Lancaster and Dr. Christine Schroeder. Key issues: rapid 24-48 hour onset, cytokine/molecular mimicry theory, borderline SFN testing, stronger fibromyalgia diagnosis, and fibromyalgia not established as inflammatory/autoimmune. SM Christian J. Moran found causation not proven; dismissal with prejudice. Petition June 29, 2020; decision July 30, 2025.

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