Dominick Vanore v. HHS - Influenza, right-sided sudden sensorineural hearing loss (2024)
Case summary [AI summaries can sometimes make mistakes]
Dominick Vanore, a 38-year-old adult, received an influenza vaccine on October 27, 2018. Approximately twenty-five days later, he began experiencing a sensation of fullness in his right ear, which progressed to a diagnosis of sudden sensorineural hearing loss (SSNHL).
Mr. Vanore alleged that the flu vaccine caused his hearing loss, presenting a theory involving an acute phase reaction leading to reduced cochlear blood flow and subsequent injury.
He supported this with expert testimony from Dr. Edwin Monsell, who outlined a multi-step inflammatory process.
Respondent, the Secretary of Health and Human Services, contested entitlement, arguing that the proposed mechanism was not scientifically sound and that the temporal relationship between the vaccination and the onset of symptoms was too long. Respondent presented expert testimony from Dr.
Herman Staats and Dr. Bryan Ward, who opined that the flu vaccine does not cause SSNHL and that alternative causes, such as eustachian tube dysfunction or viral infections, were more likely.
The court reviewed the medical records, expert reports, and scientific literature. Ultimately, the Chief Special Master denied entitlement, finding that the petitioner failed to establish a medically acceptable temporal relationship between the vaccination and the onset of SSNHL, as the onset occurred over three weeks post-vaccination.
The court also found the proposed causation theory to be unpersuasive and insufficiently corroborated, and that the petitioner did not demonstrate that the vaccine actually caused his hearing loss. Therefore, Mr.
Vanore was not awarded compensation.
Source PDFs
USCOURTS-cofc-1_21-vv-00870