Chantal Banks v. HHS - Influenza, transverse myelitis (2024)

Filed 2022-09-01Decided 2024-04-16Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Chantal Banks filed a petition alleging that she suffered from transverse myelitis (TM) as a result of an influenza vaccination she received on September 5, 2019. She presented with burning pain in her left upper arm and shoulder approximately 19 days after vaccination, which progressed to TM.

The medical records indicated that her TM was likely secondary to sarcoidosis, a condition that was confirmed by an endobronchial ultrasound. Respondent argued that Petitioner lacked sufficient evidence to prove the vaccine caused her TM and that sarcoidosis was an alternative cause.

The court ordered Petitioner to file an expert report addressing causation, but after receiving several extensions, Petitioner failed to do so. She reported that a consulted neurologist was unable to provide an opinion on causation.

The court dismissed the case for failure to prosecute and insufficient proof, finding that Petitioner did not establish by preponderant evidence that the flu vaccine caused her TM, and that sarcoidosis was a potential alternative cause. No compensation was awarded.

Source PDFs 2 total · 1 downloaded