Michael Wade v. HHS - Influenza, Graves' disease (2023)

Michael Wade filed a petition on November 8, 2021, alleging that the influenza vaccine he received on November 11, 2018, caused him to develop Graves' disease. Mr.

Wade also filed relevant medical records on August 8, 2022, and a damages affidavit on December 1, 2022. The Secretary of Health and Human Services filed a report on January 13, 2023, recommending denial of compensation.

The Secretary argued that Mr. Wade had not alleged a "Table injury" and had not proven causation-in-fact, stating that Mr.

Wade's medical records and his own statements indicated that his thyroid issues and related symptoms predated the November 11, 2018 vaccination. The Secretary further contended that Mr.

Wade had not offered a reputable medical or scientific theory showing that the flu vaccine can cause Graves' disease, nor had he provided an expert report establishing a reliable medical theory or a logical sequence of cause and effect. A status conference was held on January 30, 2023, where Mr.

Wade indicated he was in the process of retaining an expert. Draft expert instructions were issued on May 16, 2023, and revised on June 5, 2023, after Mr.

Wade objected to certain language. Mr.

Wade was ordered to file updated medical records and a status report on his expert retention by July 17, 2023. He filed the records and requested additional time, stating he was waiting for the updated records before contacting potential experts.

On August 7, 2023, Mr. Wade reported he had identified an expert and was awaiting a response.

He was ordered to provide an update by September 6, 2023. However, on August 29, 2023, Mr.

Wade filed a motion to dismiss his petition, stating that after reviewing the updated records, it was apparent he was unlikely to prevail. He acknowledged that a dismissal would result in judgment against him and end his rights in the Vaccine Program, and stated he would file an election against the judgment to preserve his right to a future civil action.

The Secretary did not respond to the motion. Special Master Christian J.

Moran granted Mr. Wade's motion, dismissing the case with prejudice for insufficient proof.

The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine, supported by medical records or a physician's opinion. The Special Master construed Mr.

Wade's motion as one for involuntary dismissal under 42 U.S.C. § 300aa-21(b), given his clear intent for judgment to issue. The Special Master found that the evidence weighed against a finding that Mr.

Wade's Graves' disease was caused by the flu vaccination, as the onset of his symptoms predated the vaccination. Citing Locane v.

Sec'y of Health & Hum. Servs. and Althen v.

Sec'y of Health & Hum. Servs., the Special Master determined that an analysis of the Althen prongs was unnecessary once it was determined that the preponderance of the evidence showed the onset of the illness predated the vaccination.

The decision was issued on August 30, 2023, and the case was dismissed with prejudice. Mr.

Wade was represented by Richard Gage of Richard Gage, P.C., and the respondent was represented by Rachelle Bishop of the United States Department of Justice. The public decision was issued by Special Master Christian J.

Moran.