Jamie Myers v. HHS - Influenza, rhabdomyolysis and amplified musculoskeletal pain syndrome (2025)

Filed 2021-04-14Decided 2025-01-02Vaccine Influenza
denied

Case summary [AI summaries can sometimes make mistakes]

On April 14, 2021, Jamie Myers filed a petition on behalf of her minor child, A.C., alleging that an influenza vaccine administered on November 5, 2018, caused A.C. to develop rhabdomyolysis and amplified musculoskeletal pain syndrome (AMPS). A.C., who was twelve years old at the time of vaccination, began experiencing symptoms of fatigue and achiness the day after receiving the flu shot.

By November 9, 2018, she was diagnosed with non-traumatic rhabdomyolysis in the emergency department, with significantly elevated creatine kinase levels. She was hospitalized for two days, and her rhabdomyolysis resolved within a month.

In early 2019, A.C. was diagnosed with AMPS, which her mother believed was a continuation of the rhabdomyolysis symptoms. Petitioner's expert, Dr.

M. Eric Gershwin, opined that the flu vaccine was a substantial factor in causing A.C.'s rhabdomyolysis, acting in concert with exercise and a possible infection.

Respondent's expert, Dr. Hayley Gans, a pediatric infectious disease specialist, concluded that A.C.'s rhabdomyolysis was most likely caused by an infection, specifically mycoplasma or enterovirus, and that the vaccine was not a contributing factor.

The court found that Petitioner failed to establish by a preponderance of the evidence that the flu vaccine can cause rhabdomyolysis, even as a multifactorial cause. The court noted that the case reports presented by Petitioner involved adults taking statins, which are known to be associated with rhabdomyolysis, a factor not present in A.C.'s case.

Furthermore, the court found insufficient evidence that A.C.'s exercise was strenuous enough to be a significant factor and that the evidence of infection was more compelling as a cause of rhabdomyolysis. Consequently, entitlement was denied.

The decision was issued by Chief Special Master Brian H. Corcoran on February 4, 2025.

Theory of causation

Influenza vaccine on November 5, 2018, age 12, alleged to cause rhabdomyolysis and amplified musculoskeletal pain syndrome beginning about one day later. DENIED. Petitioner Jamie Myers, parent of A.C., pursued an off-Table claim after an entitlement hearing. Chief Special Master Corcoran denied entitlement on January 2, 2025. Later public supplemental decisions in the staged record concern interim and final attorneys' fees, not injury compensation. No injury compensation awarded.

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