Susan Hubbard v. HHS - Influenza, transverse myelitis (2026)

Filed 2023-06-16Decided 2026-02-11Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

On June 16, 2023, Susan Hubbard, a 72-year-old woman, filed a petition alleging that an influenza vaccination administered on October 11, 2021 caused transverse myelitis. She also received a COVID-19 vaccination that day, but the covered Vaccine Program theory focused on the flu vaccine.

Ms. Hubbard had hypertension, hyperlipidemia, diabetes, chronic kidney disease, urinary issues, and a remote history of chronic inflammatory demyelinating polyneuropathy.

In the months before vaccination she had periodic numbness and tingling in her arms and legs and leg stiffness. On October 29, 2021, eighteen days after vaccination, she went to the emergency department with weakness and numbness in her arms that began the day before.

Cervical MRI showed intramedullary edema possibly representing transverse myelitis; CSF testing was largely unremarkable except elevated glucose and protein. She was treated with high-dose IV methylprednisolone and discharged on November 4, 2021 with a diagnosis of post-vaccination transverse myelitis, followed by rehabilitation and ongoing weakness, incontinence, and balance problems.

Petitioner's neurologist, Dr. Joseph Jeret, supported a molecular-mimicry theory and relied on the 16-18 day onset, treating-physician impressions, and absence of a better cause.

Respondent's neurologist, Dr. Peter Kang, disputed the TM diagnosis and the vaccine link.

Special Master Nora Beth Dorsey found the TM diagnosis and all three Althen prongs satisfied. Entitlement was granted on February 11, 2026, with damages pending.

Theory of causation

Adult petitioner, age 72; influenza and COVID-19 vaccines October 11, 2021; alleged flu vaccine-caused transverse myelitis. ENTITLEMENT GRANTED, damages pending. Theory: molecular mimicry. Petitioner expert Dr. Joseph Jeret; respondent expert Dr. Peter Kang. ED Oct. 29, 2021 with weakness/numbness beginning Oct. 28; cervical MRI intramedullary edema; IV methylprednisolone; discharge diagnosis post-vaccination TM. SM Dorsey found diagnosis, logical sequence, and 16-18 day timing satisfied Althen. Petition filed June 16, 2023; decision February 11, 2026.

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