Robert Ben v. HHS - Influenza, chronic inflammatory polyneuropathy (CIP) / chronic inflammatory demyelinating polyneuropathy (CIDP) (2025)

Robert Ben filed a petition alleging that he suffered chronic inflammatory polyneuropathy (CIP), later refined to chronic inflammatory demyelinating polyneuropathy (CIDP), caused by an influenza vaccination he received on December 19, 2019. He argued that his condition was either a Table Injury of Guillain-Barré Syndrome (GBS) or CIDP caused-in-fact by the vaccine.

The court reviewed the medical records and expert opinions. Petitioner's medical history revealed significant pre-existing conditions, including uncontrolled type 2 diabetes, diabetic peripheral neuropathy, and neurotrophic foot ulcerations, dating back several years before the vaccination.

His treating neurologist, Dr. Scott, ultimately diagnosed him with CIDP in addition to his diabetic neuropathy, noting the complexity of his condition.

However, the court found that the evidence preponderated in favor of CIDP onset occurring *before* the vaccination, based on contemporaneous medical records detailing symptoms post-cardiac surgery in November 2019. Petitioner's own statements regarding symptom onset were inconsistent and did not outweigh the medical records.

Furthermore, the court found that petitioner failed to establish a reputable medical theory linking the flu vaccine to CIDP, distinguishing it from GBS, which is a Table Injury. Petitioner's experts' opinions were found to be based on faulty assumptions regarding symptom onset and lacked sufficient support.

The court also noted that diabetes itself is a significant risk factor for CIDP, providing an alternative explanation for the petitioner's condition. Ultimately, the court concluded that Robert Ben had not met his burden of proof for causation-in-fact and therefore dismissed his claim.