Opinion

Hoffman v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Oct 7, 2024
Status
Unpublished
On the bench
Christian J. Moran
Cited by
0 cases
Authority
More cited than 32.9%

reversing special master's decision that petitioners were not entitled to compensation

How later courts described this case

  • reversing special master's decision that petitioners were not entitled to compensation
  • a “special master’s role is to apply the law”

Written by the judges who cited it.

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

**********************

DUANE HOFFMAN, *

* No. 19-111V

Petitioner, * Special Master Christian J. Moran

*

v. *

* Filed: September 13, 2024

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

**********************

Isaiah Kalinowski, Bosson Legal Group, P.C., Fairfax, VA, for petitioner;

Felicia D. Langel, United States Dep’t of Justice, Washington, DC, for respondent.

RULING FINDING ENTITLEMENT TO COMPENSATION 1

Duane Hoffman alleges that an influenza (“flu”) vaccine caused him to

develop a neurologic problem, chronic inflammatory demyelinating

polyneuropathy (“CIDP”). Mr. Hoffman supported his claim with reports from a

neurologist retained for this litigation, Zurab Nadareishvili. The Secretary disputes

Mr. Hoffman’s claim that the flu vaccine injured him and has, likewise, supported

1

Because this Ruling contains a reasoned explanation for the action taken in this case, it

must be made publicly accessible and will be posted on the United States Court of Federal

Claims’ website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in

accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal

Management and Promotion of Electronic Government Services). This means the Ruling will be

available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the

parties have 14 days to identify and move to redact medical or other information, the disclosure

of which would constitute an unwarranted invasion of privacy. Any changes will appear in the

document posted on the website.

1

his position with reports from a neurologist the Secretary retained for this

litigation, Michael Wilson.

An Initial Entitlement Decision rejected Mr. Hoffman’s argument that he

was required to present a plausible theory of how the flu vaccine can cause CIDP.

Initial Entitlement Decision, issued Jan. 10, 2024, 2024 WL 402731. Mr. Hoffman

contested this determination. Pet’r’s Mot. for Rev., filed Feb. 9, 2024. The Court

agreed that the Initial Entitlement Decision erroneously elevated Mr. Hoffman’s

burden of proof. Opinion and Order, issued July 8, 2024, 2024 WL 3688477. The

Court remanded for further adjudication.

Upon remand, the parties filed supplemental briefs. An oral argument with

the undersigned was held on August 16, 2024.2 A review of the evidence under

the Court’s standards shows that Mr. Hoffman is entitled to compensation.

I. Background3

Mr. Hoffman was born in 1960. For many years, he worked as a

corrections officer, although he was not employed when he received the allegedly

causal flu vaccination in 2017. Exhibit 23 (affidavit regarding damages).

More than two years before the flu vaccination, Mr. Hoffman was diagnosed

with chronic lymphocytic leukemia (“CLL”). Exhibit 10 at 7 (Mar. 31. 2015).

The Secretary’s expert, Dr. Wilson, has proposed that the leukemia is associated

with an increased risk for CIDP. Exhibit A at 5.

In January 2017, Mr. Hoffman was hospitalized due to an exacerbation of

chronic obstructive pulmonary disease. Exhibit 4 at 657. While hospitalized, Mr.

Hoffman received the flu vaccine. Exhibit 1. (Mr. Hoffman also received a

pneumococcal vaccine but his claim rests upon the flu vaccine.)

2

As part of the motion for review, the Court heard oral argument. The transcript from

June 20, 2024 contains pages 1-86. The transcript from the August 16, 2024 argument contains

pages 101-199.

3

Events in Mr. Hoffman’s life were summarized in the Initial Entitlement Decision and

largely adopted in the Court’s Opinion and Order. The parties were satisfied with the recitation

of events. Tr. 111.

2

Mr. Hoffman was diagnosed with low back pain on January 24, 2017.

Exhibit 4 at 819, 862. This pain continued and Mr. Hoffman developed other

problems for which he was admitted to Riverside Methodist Hospital. In Riverside

Methodist Hospital, Mr. Hoffman underwent tests, including an EMG/NCS. Based

upon the results, Mr. Hoffman’s doctors diagnosed him with a neurologic disorder,

Guillain-Barré syndrome. Exhibit 7 at 261, 876-81.

Guillain-Barré syndrome is:

(i) … an acute monophasic peripheral neuropathy that encompasses a

spectrum of four clinicopathological subtypes described below. For each

subtype of GBS, the interval between the first appearance of symptoms and

the nadir of weakness is between 12 hours and 28 days. This is followed in

all subtypes by a clinical plateau with stabilization at the nadir of symptoms,

or subsequent improvement without significant relapse. Death may occur

without a clinical plateau. Treatment related fluctuations in all subtypes of

GBS can occur within 9 weeks of GBS symptom onset and recurrence of

symptoms after this time-frame would not be consistent with GBS.

(ii) The most common subtype in North America and Europe, comprising

more than 90 percent of cases, is acute inflammatory demyelinating

polyneuropathy (AIDP), which has the pathologic and electrodiagnostic

features of focal demyelination of motor and sensory peripheral nerves and

nerve roots. . . . AIDP [is] typically characterized by symmetric motor

flaccid weakness, sensory abnormalities, and/or autonomic dysfunction

caused by autoimmune damage to peripheral nerves and nerve roots. The

diagnosis of AIDP. . . requires:

(A) Bilateral flaccid limb weakness and decreased or absent deep

tendon reflexes in weak limbs;

(B) A monophasic illness pattern;

(C) An interval between onset and nadir of weakness between 12

hours and 28 days;

(D) Subsequent clinical plateau (the clinical plateau leads to either

stabilization at the nadir of symptoms, or subsequent improvement

without significant relapse; however, death may occur without a

clinical plateau); and,

3

(E) The absence of an identified more likely alternative diagnosis.

***

(v) To qualify as any subtype of GBS, there must not be a more likely

alternative diagnosis for the weakness.

(vi) Exclusionary criteria for the diagnosis of all subtypes of GBS include

the ultimate diagnosis of any of the following conditions: chronic immune

demyelinating polyradiculopathy (CIDP) . . .

42 C.F.R. § 100.3(c)(15).

Mr. Hoffman’s doctors prescribed a standard treatment for GBS, the

infusion of intravenous immunoglobulin (“IVIG”). In early 2017, when Mr.

Hoffman’s doctors were treating him for GBS, at least one doctor stated that the flu

vaccine caused Mr. Hoffman’s GBS. Exhibit 7 at 266; see also Exhibit 4 at 1053

(note, from an unknown source, that Mr. Hoffman’s allergies include the flu

vaccine).

Mr. Hoffman attempted rehabilitation for several months and sought care

from various doctors. One neurologist, Geoffrey Eubank, ordered a test for anti-

ganglioside antibodies. The results were negative. Exhibit 9 at 32.

Approximately eight months after the diagnosis of GBS, Mr. Hoffman saw

Dr. Eubank again. Exhibit 19 at 66 (Oct. 9, 2017). Dr. Eubank changed the

diagnosis to CIDP. He explained his rationale. Dr. Eubank

previously thought that [Mr. Hoffman] had Guillain

Barre syndrome but . . . [h]e continued to have some

worsening this summer and subsequently improved with

a course of IVIG for 5 days. This would not be typical for

Guillain Barre which should be more of a monophasic

illness.

Id.

Another neurologist, Timothy Rust, confirmed the diagnosis of CIDP.

Exhibit 19 at 58 (Dec. 13, 2017). Dr. Rust wrote that “CLL can be associated with

peripheral nervous system pathology similar to non-Hodgkin lymphoma, including

a relatively high rate of CIDP.” Id.

4

The diagnosis of CIDP is accepted by the neurologists retained to provide

opinions. Exhibit 30 at 7; Exhibit A at 3-4. 4 “CIDP” stands for “chronic

inflammatory demyelinating polyneuropathy,” which explains the basic

information about the disease. See Exhibit A at 4. Although most cases of CIDP

develop insidiously, CIDP can develop abruptly as in Mr. Hoffman’s case. Exhibit

30 at 7, Exhibit A at 4.

As discussed below, the etiology of CIDP is “poorly understood.” Exhibit A

at 5. According to Dr. Nadareishvili, “An abundance of clinical and experimental

research has led to the conclusion that CIDP is mediated by humoral and cellular

immunity against Schwann cell/myelin target antigens in the nerves, thus its

classification as an autoimmune disease.” Exhibit 30 at 9. A primary question in

this litigation is whether the flu vaccine can provoke an autoimmune attack, which

leads to CIDP.

II. Procedural History5

Initially, Mr. Hoffman alleged that the flu vaccine caused him to suffer GBS.

Pet., filed Jan. 22, 2019, ¶ 15. He sought compensation via the Vaccine Injury

Table and adjudication through the special processing unit of the Office of Special

Masters. Id. ¶ 20-21. The case was assigned to the special processing unit. Mr.

Hoffman periodically filed medical records.

The Secretary reviewed the evidence and recommended that compensation

be denied. Resp’t’s Rep., filed June 12, 2020. The Secretary maintained that

based upon the records from Dr. Eubank and Dr. Rust, Mr. Hoffman suffered from

4

In the Vaccine Program, petitioners often allege that a vaccine caused them to suffer

CIDP. Thus, special masters are generally familiar with CIDP. For some examples of recent

opinions about CIDP, see Radford v. Sec’y of Health & Hum. Servs., No. 18-704V, 2023 WL

2159306, at *7-12 (Fed. Cl. Spec. Mstr. Feb. 22, 2023); Berg v. Sec’y of Health & Hum. Servs.,

No. 16-650V, 2021 WL 6883495 at *24-37 (Fed. Cl. Spec. Mstr. Dec. 14, 2021); Tomsky v.

Sec’y of Health & Hum. Servs., No. 17-1132V, 2020 WL 5587365, at *8-18 (Fed. Cl. Spec.

Mstr. Aug. 24, 2020).

5

The Initial Entitlement Decision set forth the procedural history through the date it was

issued. 2024 WL 402731. The procedural history is repeated here because each decision is

evaluated separately. Cottingham v. Sec’y of Health & Hum. Servs., 971 F.3d 1337, 1345 n.2

(Fed. Cir. 2020).

5

CIDP, not GBS. Id. at 8. Because resolution through the special processing unit

seemed infeasible, the case was reassigned. Notice, issued June 25, 2020.

Mr. Hoffman changed his claim. He alleged that the flu vaccine was the

cause-in-fact of his CIDP. Am. Pet., filed Sep. 17, 2020.

Mr. Hoffman supported his claim that the flu vaccine caused his CIDP with

a report from Dr. Nadareishvili. Exhibit 30. Dr. Nadareishvili stated that CIDP is

similar to GBS. He proposed that the flu vaccine can cause CIDP via molecular

mimicry. Id. at 7-16.

The Secretary countered by presenting a report from Dr. Wilson. Exhibit A.

Dr. Wilson disputed molecular mimicry as a theory to explain how a flu vaccine

might cause CIDP. Id. at 4-5. Dr. Wilson noted that to the extent that molecular

mimicry might predict an attack on gangliosides as causing CIDP, this theory

would not explain what happened to Mr. Hoffman because a test for anti-

ganglioside antibodies was negative. Id. at 5. Finally, Dr. Wilson suggested that

chronic lymphocytic leukemia is associated with CIDP. Id. at 5.

Dr. Nadareishvili responded to Dr. Wilson in a report filed on January 11,

2022. Exhibit 63. Dr. Nadareishvili contended that Dr. Wilson did not explain

how CLL can cause CIDP. Id. at 3.

Dr. Wilson replied that he did not say that CLL can cause CIDP because

“No one knows what triggers CIDP.” Exhibit C at 2 (filed Mar. 14, 2022). In an

ensuing status conference, the Secretary was asked how Mr. Hoffman’s chronic

lymphocytic leukemia affects the case given that Dr. Wilson has not presented any

mechanism by which CLL can cause CIDP. The Secretary stated that he might

obtain a report from a different expert and Mr. Hoffman objected to adding a new

expert on the ground that Mr. Hoffman’s CLL had been in the record. The

Secretary eventually reported that he was not interested in settlement and will

continue to defend the case. Resp’t’s Status Rep., filed Apr. 27, 2022.

The parties were directed to file briefs. Order, issued July 18, 2022. Mr.

Hoffman filed his primary brief on August 22, 2022 and his reply on October 5,

2022. In between, the Secretary filed his brief on September 21, 2022.

As noted previously, Mr. Hoffman was found not entitled to compensation.

Initial Entitlement Decision. 2024 WL 402731. The basis for denial was two-fold.

First, the appropriate burden of proof regarding Althen prong 1 is preponderant

6

evidence, not plausibility. Second, Mr. Hoffman failed to establish the

persuasiveness of the molecular mimicry theory in the context of a flu vaccine

causing CIDP. The Initial Entitlement Decision also commented, briefly, on

Althen prong 2 and Althen prong 3. The Initial Entitlement Decision found that

Mr. Hoffman had likely established Althen prong 3 because the interval between

the vaccination and the onset of his CIDP was appropriate for inferring causation.

However, the evidence regarding Althen prong 2 was less clear.

In granting Mr. Hoffman’s motion for review, the Court focused upon the

burden of proof for Althen prong 1. The Court instructed the undersigned to

determine whether Mr. Hoffman “has presented preponderant evidence linking the

flu vaccine to CIDP via a biologically plausible theory.” Opinion and Order, 2024

WL 3688477, at *14. Earlier, the Opinion and Order had defined “plausibility” as

“a qualitative inquiry into whether a fact is ‘[c]onceivably true.’” Id. at *2 n.1

(quoting Black’s Law Dictionary (11th ed. 2019)).

Following remand, the parties were directed to answer various questions and

they did. See Order, issued July 9, 2024; Pet’r’s Br. on Remand, filed July 24,

2024; Resp’t’s Br. on Remand, filed July 24, 2024. An oral argument was held on

August 16, 2024. With the oral argument, the case is again ready for adjudication.

III. Standards for Adjudication

A petitioner is required to establish his case by a preponderance of the

evidence. 42 U.S.C. § 300aa–13(1)(a). The preponderance of the evidence

standard requires a “trier of fact to believe that the existence of a fact is more

probable than its nonexistence before [he] may find in favor of the party who has

the burden to persuade the judge of the fact's existence.” Moberly v. Sec’y of

Health & Hum. Servs., 592 F.3d 1315, 1322 n.2 (Fed. Cir. 2010) (citations

omitted). Proof of medical certainty is not required. Bunting v. Sec’y of Health &

Hum. Servs., 931 F.2d 867, 873 (Fed. Cir. 1991).

Distinguishing between “preponderant evidence” and “medical certainty” is

important because a special master should not impose an evidentiary burden that is

too high. Andreu v. Sec’y of Health & Hum. Servs., 569 F.3d 1367, 1379-80 (Fed.

Cir. 2009) (reversing special master's decision that petitioners were not entitled to

compensation); see also Lampe v. Sec’y of Health & Hum. Servs., 219 F.3d 1357

(Fed. Cir. 2000); Hodges v. Sec’y of Health & Hum. Servs., 9 F.3d 958, 961 (Fed.

Cir. 1993) (disagreeing with dissenting judge's contention that the special master

confused preponderance of the evidence with medical certainty).

7

When a petitioner, like Mr. Hoffman, claims that a vaccine caused an injury

not listed on the Vaccine Injury Table, such as CIDP, the elements of a petitioner’s

case are well defined. A petitioner bears a burden “to show by preponderant

evidence that the vaccination brought about [the vaccinee’s] injury by providing:

(1) a medical theory causally connecting the vaccination and the injury; (2) a

logical sequence of cause and effect showing that the vaccination was the reason

for the injury; and (3) a showing of a proximate temporal relationship between

vaccination and injury.” Althen v. Sec’y of Health & Hum. Servs., 418 F.3d 1274,

1278 (Fed. Cir. 2005).

The contents of the Opinion and Order are binding in this case. Boatmon v.

Sec’y of Health & Hum. Servs., 941 F.3d 1351, 1358 (Fed. Cir. 2019). In the

context of evaluating a district court's actions after a remand, the Federal Circuit

has stated that “the district court's actions on remand should not be inconsistent

with either the letter or the spirit of the mandate.” Laitram Corp. v. NEC Corp.,

115 F.3d 947, 951 (Fed. Cir. 1997).

IV. Analysis

The Secretary has not challenged prong three, which concerns timing. Tr.

112; Exhibit A at 5. Thus, the analysis concerns prongs one and two.

A. Althen Prong One

The Court’s Opinion and Order directed the undersigned to evaluate whether

Mr. Hoffman presented “preponderant evidence linking the flu vaccine to CIDP

via a biologically plausible theory.” The Court also defined “plausibility” in terms

of being “conceivably true.” The theory that Mr. Hoffman advances is molecular

mimicry. Thus, by substitution, the Court’s directive can be recast as requiring an

evaluation as to whether preponderant evidence supports a finding that it is

conceivably true that molecular mimicry can explain how the flu vaccine can cause

CIDP.6 The parties agreed that the Opinion and Order may reasonably be

6

Although the First Entitlement Decision cited a series of opinions from the Court of

Federal Claims about molecular mimicry as persuasive precedents, the Court’s Opinion and

Order did not cite to any of them. Similarly, although the First Entitlement Decision referenced

one case from the Federal Circuit about molecular mimicry, W.C. v. Sec’y of Health & Hum.

Servs., 704 F.3d 1352 (Fed. Cir. 2013), the Court’s Opinion and Order did not cite to W.C. See

8

interpreted as directing the undersigned to consider whether it is conceivable true

that molecular mimicry can explain how the flu vaccine can cause CIDP. Tr. 112-

15.

Through Dr. Nadareishvili, Mr. Hoffman advances molecular mimicry as a

biologically plausible way that a flu vaccine can cause CIDP. Pet’r’s Br. at 24-40;

see also Exhibit 30 at 11.7 Any vaccine is designed to engage people’s immune

systems. CIDP is considered an “immune-mediated neuropathy.” Exhibit 30 at 9.

This means that a person’s immune system attacks components of the nervous

system. A similar term is “autoimmune.” See Exhibit 32 (Lunn and Sheikh) at

768.8 Molecular mimicry is one of the most common theories offered by

petitioners to explain how a vaccine can cause a disease. See Tr. 123. A list of

more than 75 examples of cases with molecular mimicry is presented in the

appendices.

In simple terms, the theory of molecular mimicry is a vaccine -> (activates)

immune system -> (attacks) human tissue -> disease. Preponderant evidence

supports a finding that this proposition is conceivably true in the context of flu

vaccine and CIDP.

Evidence supporting the statement that it is conceivably true that molecular

mimicry explains how the flu vaccine can cause CIDP comes primarily from the

parties’ experts. Mr. Hoffman’s expert opined that “to a reasonable level of

scientific probability, this patient's seasonal influenza vaccination formed a

substantial factor in the development of inflammatory demyelinating

polyradiculopathy, which eventually became chronic (CIDP).” Exhibit 30 at 7.

Tr. 6 (identifying seven potentially relevant Federal Circuit precedential opinions). Under these

circumstances, review of those opinions would not be appropriate.

7

Although Mr. Hoffman alludes to “other pathologic mechanisms,” Pet.’r’s Br. at 24, he

has not developed any argument with regard to pathologic mechanisms except for molecular

mimicry. See Tr. 123.

8

Michael Lunn & Kazim Sheikh, Peripheral Neuropathies, 5 The Autoimmune Diseases

757 (2014). “Exhibit 31” is shown on the actual medical article; however, the comprehensive

exhibit list, submitted on April 1, 2023, indicates that this article is “Exhibit 32.” “Exhibit 31” is

shown on Dr. Nadareishvili’s curriculum vitae as well. The comprehensive exhibit list indicates

that Dr. Nadareishvili’s curriculum vitae is “Exhibit 31.” It appears that the Exhibit number on

the medical article is inaccurate. This decision will cite to this medical article as Exhibit 32.

9

The Secretary’s expert, Dr. Wilson, stated that “there is very weak evidence for

any association between CIDP and influenza vaccinations.” Exhibit A at 4. Dr.

Wilson did not opine that molecular mimicry is not conceivably true. Thus, to a

degree, Dr. Wilson’s opinion is not answering the question posed by the Court.

Beyond the opinion of Dr. Nadareishvili, relatively little evidence strongly

supports or strongly contradicts the proposition that it is conceivably true for

molecular mimicry to explain how flu vaccine can cause CIDP. For example, Dr.

Nadareishvili cited two articles in which the authors surveyed approximately 100

people who had CIDP to determine what were antecedent events. Exhibit 30 at 8

n.3. In one article, four people reported receiving vaccines but none reported the

flu vaccine. Exhibit 55 (McCombe) at 2622. 9 In the second article, none of the

people reported a vaccination within six weeks before the onset of their CIDP,

although 16 people reported an infection. Exhibit 56 (Bouchard) at 499. 10 At oral

argument, Mr. Hoffman’s counsel maintained that McCombe was relevant because

the authors “include vaccines in their data set.” Tr. 146. 11

It would be difficult to find that McCombe or Bouchard make it likely that

flu vaccination causes CIDP. See Howard v. Sec’y of Health & Hum. Servs., No.

16-1592V, 2022 WL 4869354, at *11, *24-25 (Fed. Cl. Spec. Mstr. Aug. 31, 2022)

(denying entitlement despite the presence of McCombe), mot. for rev. denied, 2023

WL 4117370, at *6 (Fed. Cl. 2023), aff’d without opinion, 2024 WL 2873301

(Fed. Cir. 2024). But, when the operative issue is whether it is conceivably true

that flu vaccination can cause CIDP via molecular mimicry, then McCombe and

Bouchard are supportive.

The same analysis also deepens the evidentiary value of a case report Dr.

Nadareishvili advanced. In this article, the authors described an instance in which

a 74-year-old man received a flu vaccination and, two days later, developed

9

P.A. McCombe et al., Chronic Inflammatory Demyelinating Polyradiculoneuropathy: A

Clinical And Electrophysiological Study of 92 Cases, 110 Brain 1617 (1987), filed as Exhibit 55.

10

C. Bouchard et al., Clinicopathologic findings and prognosis of chronic inflammatory

demyelinating polyneuropathy, 52 NEUROLOGY 498 (1999), filed as Exhibit 56.

11

At oral argument, Mr. Hoffman’s counsel was less familiar with the value of Bouchard.

See Tr. 1418-50.

10

weakness that led to a diagnosis of CIDP. Exhibit 44 (Brostoff) at 229. 12

Generally speaking, case reports provide little, if any, persuasive evidence that an

antecedent event (like a vaccination) caused the subsequence evident (like a

disease) because the case reports present sequences of events. 13 See Tr. 152-54.

But, the present inquiry is different: does a case report enhance the biologic

plausibility of the proposition? It does. See J. v. Sec’y of Health & Hum. Servs.,

155 Fed. Cl. 20, 47 (2021) (characterizing the Agmon-Levin case reports as

“probative”); Bryan v. Sec’y of Health & Hum. Servs., No. 14-898V, 2020 WL

7089841, at *21 (Fed. Cl. Spec. Mstr. Oct. 9, 2020). The authors’ creation of a

case report supports the idea that it is “conceivably true” that the preceding event

caused the subsequent event. See Tr. 154.

Under the “biological plausibility” / “conceivably true” standard, Mr.

Hoffman has passed this threshold with Dr. Nadareishvili’s invocation of

molecular mimicry as a method to explain how flu vaccine can cause CIDP. It also

seems that almost every offering of molecular mimicry would be seen as

conceivably true. The appendices demonstrate the variety of vaccine-injury

combinations in which petitioners have proposed molecular mimicry. In a non-

binding opinion, a different judge recognized the molecular mimicry could

encompass almost anything:

In fact, because Dr. Tornatore does not offer any specific

explanation as to the distinct connection between Tdap,

molecular mimicry, and GBS, one could take Dr.

Tornatore’s causation theory and substitute any table

vaccine (e.g., the measles vaccine) and any autoimmune

disorder (e.g., autoimmune encephalitis) and Dr.

Tornatore’s expert report’s discussion of molecular

mimicry would require absolutely no changes. That is

how general his molecular mimicry theory is—it does not

12

J.M. Brostoff et al., Post-influenza vaccine chronic inflammatory demyelinating

polyneuropathy, 37 AGE AND AGEING 229 (2008), filed as Exhibit 44.

13

A few case reports, such as those presenting examples of challenge-rechallenge, might

be different. However, Mr. Hoffman conceded that Brostoff was not one of those special case

reports. Tr. 156.

11

matter which vaccine and which autoimmune disorder

are plugged in.

Dennington v. Sec’y of Health & Hum. Servs., 167 Fed. Cl. 640, 654 (2023),

appeal dismissed, No. 2024-1214 (Fed. Cir. Mar. 25, 2024) When asked at oral

argument what evidence would negate the plausibility of molecular mimicry, Mr.

Hoffman’s counsel struggled to articulate any. See Tr. 174. Mr. Hoffman’s

attorney argued that “there will never be a point where the – where the Special

Masters are in a position to negate molecular mimicry.” Tr. 167. 14

The outcome of this ruling differs from the outcome in the First Entitlement

Decision because the burden of proof has changed. The First Entitlement Decision

found that Mr. Hoffman did not present a persuasive medical theory. However, for

the reasons explained above, Mr. Hoffman has presented a plausible medical

theory.

Accordingly, Mr. Hoffman has met the burden of proof as the Court has

defined it for Althen prong one.

B. Althen Prong Two

The second element of the causation-in-fact test is whether petitioner has

shown “a logical sequence of cause and effect showing that the vaccination was the

reason for the injury.” Althen, 418 F.3d at 1278. With respect to this prong, the

Federal Circuit has instructed special masters to consider carefully the views of a

treating doctor. Capizzano v. Sec’y of Health & Hum. Servs., 440 F.3d 1317, 1326

(Fed. Cir. 2006).

Here, Mr. Hoffman draws support from Dr. Nadareishvili, who opined that

the vaccination was “a substantial factor in the causation of Mr. Hoffman’s injured

condition.” Exhibit 30 at 1. Dr. Nadareishvili appears to reach this conclusion

because (1) in his view, the flu vaccine can cause CIDP, (2) the CIDP presented in

an appropriate time after the flu vaccination (12 days), and (3) an elimination of

14

The fact that under the biologic plausibility standard, petitioners will almost

universally satisfy Althen prong one by presenting molecular mimicry does not affect the

outcome. Appellate authorities define the elements of petitioners’ cases and special masters

(attempt to) implement those standards. Althen, 418 F.3d at 1280 (a “special master’s role is to

apply the law”).

12

other potential causes. See id. at 18. Mr. Hoffman reasons this way as well.

Pet’r’s Br. at 41-43; Tr. 184-87.

Whether other causes of CIDP have been eliminated is debatable. The

Secretary’s expert, Dr. Wilson, stated that CLL has been associated with CIDP.

Exhibit A at 4. But, Dr. Wilson confirmed with admirable honesty and clarity in

his second report: “I did not provide a mechanistic explanation for what causes

CIDP; however, I intentionally did not use the words ‘cause’ or ‘causal’ when

discussing the association between hematologic malignancies and CIDP. No one

knows what triggers CIDP.” Exhibit C at 2. The Secretary similarly conceded that

the Secretary has not explained how a cancer can cause CIDP. Tr. 193-94.15 Thus,

Mr. Hoffman’s experience of CLL four years earlier still allows for a finding that

the flu vaccine caused his CIDP. See Pet’r’s Supp’l Br., filed July 24, 2024, at 7-

10.

At the end of the day, relatively little evidence supports or detracts on this

point. See Exhibit 30 at 18 (Dr. Nadareishvili: “Regarding the opinions of treating

physicians on etiology, the record in this case is relatively quiet”). The scarcity of

evidence does not prevent a finding in Mr. Hoffman’s favor as the proverbial

evidentiary scales need to tip only slightly. There is sufficient evidence for Mr.

Hoffman to meet his burden.

V. Conclusion

Under the standards set in the Court’s Opinion and Order, Mr. Hoffman has

shown that he is entitled to compensation. A separate damages order will issue

shortly.

15

The Secretary’s primary argument regarding prong two is that this element is irrelevant

because Mr. Hoffman’s case fails on prong one. Tr. 110, 188. However, for reasons explained

in the text, molecular mimicry is conceivably true.

13

The Clerk’s Office is directed to provide this Ruling to the assigned judge.

See Vaccine Rule 28.1(a).

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

14

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2019 WL rheumatoid

Parker Sanders, SM. 14‐979V 6/24/2019 flu accepted

3425297 arthritis

2019 WL

McKown Corcoran, SM. 15‐1451V 7/15/2019 HPV POTS rejected

4072113

2019 WL transverse

Pearson Dorsey, SM. 16‐9V 7/31/2019 flu rejected

3852633 myelitis

SM was not

arbitrary or

146 Fed. Cl. capricious in

Yalacki Firestone, J. 14‐278V 8/5/2019 hepatitis B POTS, CFS rejected

80 rejecting

molecular

mimicry

2019 WL small fiber

Swaiss Gowen, SM. 15‐286V 11/4/2019 Tdap accepted

6520791 GBS

MFR

denied,

2019 WL rheumatoid

Tullio Moran, SM. 15‐51V 12/19/2019 flu rejected 149 Fed.

7580149 arthritis

Cl. 448

(2020)

2020 WL multiple

Hitt Moran, SM. 15‐1283V 1/24/2020 flu accepted

831822 sclerosis

GBS as diagnosis

2020 WL

Sweeney Sanders, SM. 13‐392V 2/28/2020 flu GBS not evaluated was not

1844672

established

1

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

Respondent's

expert offered

MM to explain

para‐ how lung cancer

2020 WL

Sweeney Sanders, SM. 13‐392V 2/28/2020 flu neoplastic accepted could have

1844672

syndrome neurologic

complications.

SM seemed to

endorse.

2020 WL

Allard Roth, SM. 14‐442V 3/9/2020 HPV ITP rejected

1649669

2020 WL Timing was

Rowan Corcoran, SM. 17‐760V 4/28/2020 flu GBS not evaluated

2954954 wrong

MFR

denied,

2020 WL MMR and Onset was too

Castaneda Oler, SM. 15‐1066V 5/18/2020 PANS rejected 152

3833076 others quick

Fed.Cl.

576 (2020)

MFR

flu and/or denied,

2020 WL cryoglobuline

Temes Corcoran, SM. 16‐1465V 5/21/2020 pneumoco rejected 151 Fed.

4198036 mia

ccal Cl. 448

(2020)

2020 WL

Walls Olers, SM. 16‐557V 6/23/2020 childhood ITP accepted

13801342

2020 WL pneumoco

Deshler Corcoran, SM. 16‐1070V 7/1/2020 GBS rejected

4593162 ccal

2

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

MFR

denied,

2020 WL

Duncan Moran, SM. 16‐1367V 10/19/2020 HPV PANDAS rejected 153 Fed.

6738118

Cl. 642

(2021)

Petition filed

Soltero 2020 WL

Horner, SM. 16‐808V 10/20/2020 flu GBS accepted before Table

Arias 6706071

change

MFR

denied,

2020 WL

E.S. Corcoran, SM. 17‐480V 11/13/2020 HPV, flu narcolepsy rejected 154

9076620

Fed.Cl.

149 (2021)

MFR

denied,

2020 WL small fiber

E.S. Corcoran, SM. 17‐480V 11/13/2020 HPV, flu rejected 154

9076620 neuropathy

Fed.Cl.

149 (2021)

MFR

denied,

2020 WL

E.S. Corcoran, SM. 17‐480V 11/13/2020 HPV, flu CFS rejected 154

9076620

Fed.Cl.

149 (2021)

MFR

denied,

2020 WL

E.S. Corcoran, SM. 17‐480V 11/13/2020 HPV, flu POTS rejected 154

9076620

Fed.Cl.

149 (2021)

3

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2020 WL

Phillips Oler, SM. 16‐906V 11/23/2020 HPV ITP accepted

7767511

2020 WL

Phillips Oler, SM. 16‐906V 11/23/2020 live flu ITP rejected

7767511

Special master's

rejection of

flu and/or molecular

151 Fed. Cl. cryoglobuline

Temes Griggsby, J. 16‐1465V 12/7/2020 pneumoco rejected mimicry was

448 mia

ccal supported by

substantial

evidence.

2021 WL

Pickens Moran, SM. 17‐187V 1/22/2021 MMR SIDP rejected

615218

Special master

found that

2021 WL polyneuropat

Blender Dorsey, SM. 16‐1308V 2/26/2021 flu accepted pneumococcal

1096662 hy

vaccine played no

role

primary

2021 WL medistinal

Nifakos Oler, SM. 14‐236V 3/4/2021 HPV rejected

1345218 large B‐cell

lymphoma

Thrombotic

2021 WL

Parmer Roth, SM. 16‐880V 3/25/2021 flu Thrombo‐ accepted

1524512

cytopenia

2021 WL multiple

Robinson Oler, SM. 14‐952V 4/12/2021 flu accepted

2371721 sclerosis

4

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

SM was not

arbitrary or

153 Fed. Cl. capricious in

Duncan Davis, J. 16‐1367V 4/19/2021 HPV PANDAS rejected

642 rejecting

molecular

mimicry

vacated

On review, CFC and

found that remanded,

2021 WL brachial

Patton Horner, SM. 15‐1553V 5/17/2021 flu rejected molecular 157

2389835 neuritis

mimicry theory Fed.Cl.

satisfied Althen 1 159

(2021).

SM was not

MFR

arbitrary or

denied, affirmed,

2021 WL pneumoco capricious in

Loyd Corcoran, SM. 16‐811V 5/20/2021 ITP rejected not 2023 WL

2708941 ccal rejecting

available 1878572

molecular

on WL

mimicry

2021 WL small fiber

E.M. Sanders, SM. 14‐753V 7/9/2021 flu accepted

3477837 neuropathy

MFR

denied,

2021 WL

Caredio Corcoran, SM. 17‐79V 7/30/2021 flu epilepsy rejected 2021 WL

4100294

6058835

(2021)

5

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

Accepted theory

in ruling but later

dismissed for

insufficient

premature

2021 WL evidence that

Brayboy Sanders, SM. 15‐183V 8/30/2021 HPV ovarian accepted

4453146 Petitioner has

insufficiency

POI with

autoimmune

etiology, 2022

WL 1316235

2021 WL rheumatoid

Moran Oler, SM. 16‐538V 10/4/2021 flu rejected

4853544 arthritis

2021 WL pneumoco Miller‐Fisher

Koller Gowen, SM. 16‐439V 10/8/2021 accepted

5027947 ccal GBS

2021 WL

Andrews Oler, SM. 16‐196V 10/21/2021 flu SLE rejected

5755328

2021 WL peripheral

Haubner Sanders, SM. 16‐1426V 10/22/2021 flu rejected

5614942 neuropathy

Petitioner did not

2021 WL

Winkler Dorsey, SM. 18‐203V 12/10/2021 Tdap GBS not evaluated establish other

6276203

Althen prongs

2021 WL accepted in

Berg Oler, SM. 16‐650V 12/14/2021 flu CIDP

6883495 dicta

2022 WL transverse

I.J. Corcoran, SM. 16‐864V 1/4/2022 Tdap accepted Ruling on remand

277555 myelitis

juvenile

2022 WL

Putman Corcoran, SM. 19‐1921V 1/31/2022 MMR idiopathic rejected

600417

arthritis

2022 WL

Mason Corcoran, SM. 17‐1383V 2/4/2022 flu CIDP accepted

600415

6

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2022 WL

Clark Horner, SM. 18‐813V 2/7/2022 hepatitis B shoulder rejected

16635681

2022 WL

Sanchez Corcoran, SM. 18‐1012V 3/11/2022 Tdap CIDP rejected

1013264

2022 WL pneumoco

Maloney Dorsey, SM. 19‐1713V 3/17/2022 GBS accepted

1074087 ccal

2022 WL pneumoco transverse

Tracy Sanders, SM. 16‐213V 3/30/2022 accepted

1125281 ccal myelitis

MFR

denied, affirmed,

2022 WL

K.A. Corcoran, SM. 16‐989V 4/18/2022 Tdap GBS rejected 164 2024 WL

20213037

Fed.Cl. 98 2012526

(2022)

2022 WL pneumoco ulcerative

Gapen Moran, SM. 19‐422V 5/5/2022 rejected

1711616 ccal colitis

MMR,

2022 WL varicella,

Moses Moran, SM. 19‐739V 5/18/2022 sJIA rejected

2073346 pneumoco

ccal

MFR

Petitioner did not denied, affirmed,

2022 WL

Henkel Sanders, SM. 15‐1048V 8/31/2022 live flu narcolepsy accepted establish other 165 2024 WL

16557979

Althen prongs Fed.Cl. 3873569

153 (2023)

2022 WL small fiber

J.D. Sanders, SM. 14‐742V 8/31/2022 flu rejected

16543853 neuropathy

2022 WL pneumoco

Gross Dorsey, SM. 17‐1075V 9/22/2022 CIDP accepted

9669651 ccal

2023 WL

Mitchell Dorsey, SM. 19‐1534V 1/11/2023 flu ITP accepted

4483134

7

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2023 WL

C.F Horner, SM. 15‐731V 1/20/2023 HPV POTS rejected

2198809

2023 WL

E.A. Dorsey, SM. 18‐1587V 1/24/2023 flu Bell's palsy accepted

2640710

2023 WL

Bishara Moran, SM. 19‐115V 1/27/2023 Tdap scleroderma rejected

2799054

SM was not

arbitrary or

164 Fed. Cl. hepatitis B, capricious in affirmed

J.S. Meyers, J. 16‐1083V 2/13/2023 POTS rejected

314 HPV rejecting 9/5/24

molecular

mimicry

MFR

denied,

2023 WL pneumoco

Trollinger Corcoran, SM. 16‐473V 2/17/2023 GBS rejected 167

2521912 ccal

Fed.Cl.

127 (2023)

2023 WL

Radford Moran, SM. 18‐704V 2/22/2023 flu CIDP rejected

2159306

auto‐immune

2023 WL autonomic

Ambriz Sanders, SM. 15‐502V 2/27/2023 HPV rejected

2771037 ganglionopat

hy

MFR

premature Denied denied,

2023 WL

Bello Sanders, SM. 13‐349V 3/10/2023 HPV ovarian accepted entitlement on 167

2447497

failure other prongs Fed.Cl.

517 (2023)

8

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2023 WL transverse

Le Dorsey, SM. 16‐1078V 3/30/2023 Tdap accepted

3049203 myelitis

Giannanto 2023 WL

Moran, SM. 18‐497V 3/30/2023 varicella ADEM rejected

nio 2721387

2023 WL

J.G. Dorsey, SM. 20‐664V 4/3/2023 hepatitis A GBS accepted

2752634

2023 WL

Specks Sanders, SM. 15‐491V 4/14/2023 flu POTS rejected

2947619

2023 WL

DrummondSanders, SM. 16‐702V 4/21/2023 HPV POTS rejected

3035072

2023 WL myasthenia

Kelly Horner, SM. 16‐1548V 5/5/2023 flu rejected

3274159 gravis

2023 WL myasthenia

Smilo Dorsey, SM. 18‐1585V 5/15/2023 flu rejected

3918397 gravis

2023 WL multiple

Bravo Moran, SM. 17‐501V 5/31/2023 hepatitis B rejected

4147146 sclerosis

2023 WL

Hofer Gowen, SM. 18‐1752V 6/12/2023 flu MAID accepted

4397810

2023 WL rheumatoid

Clark Oler, SM. 17‐1553V 6/16/2023 flu rejected

4897284 arthritis

2023 WL dermato‐

McDaniel Dorsey, SM. 17‐1322V 6/26/2023 flu rejected

4678688 myositis

2023 WL small fiber

Schlusser Sanders, SM. 16‐901V 6/30/2023 flu rejected

4926908 neuropathy

2023 WL

Osso Dorsey, SM. 18‐575V 7/13/2023 hepatitis B GBS accepted

5016473

2023 WL hepatitis A multiple

Williams Roth, SM. 13‐471V 7/25/2023 accepted

4741993 &B sclerosis

2023 WL multiple

Mathis Moran, SM. 20‐431V 8/1/2023 flu rejected

5436135 sclerosis

2023 WL

Cobb Oler, SM. 17‐1123V 8/21/2023 HPV narcolepsy accepted

6457568

9

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

MFR

denied,

2023 WL multiple appeal

Townsend Dorsey, SM. 14‐266V 8/29/2023 flu rejected 170

6212496 sclerosis filed

Fed.Cl.

130 (2024)

2023 WL transverse

Bowling Moran, SM. 18‐109V 9/20/2023 flu rejected

6846491 myelitis

2023 WL alopecia

Farag Sanders, SM. 17‐714V 9/29/2023 HPV rejected

7203034 areata

167 Fed. Cl.

DenningtonSomers, J. 18‐1303V 10/6/2023 tetanus GBS rejected

640

chronic

2023 WL

Stoev Moran, SM. 19‐1434V 10/12/2023 HPV regional pain rejected

7297981

syndrome

Arredond 2023 WL

Dorsey, SM. 18‐1782V 10/31/2023 flu Bell's palsy accepted

o 8181138

2023 WL small fiber

Fiske Oler, SM. 17‐1378V 11/13/2023 flu accepted

8352761 neuropathy

2023 WL pneumoco

Sprenger Dorsey, SM. 18‐279V 11/14/2023 GBS accepted

8543435 ccal

2023 WL rheumatoid

Wilson Oler, SM. 17‐1264V 12/7/2023 flu rejected

9053671 arthritis

2024 WL small fiber

Greenhaw Moran, SM. 21‐2032V 1/2/2024 flu rejected

263123 neuropathy

mot. for

systemic rev.

2024 WL lupus denied,

Stricker Moran, SM. 18‐56V 1/2/2024 HPV rejected

263189 erthematosu 170

s (SLE) Fed.Cl.

701 (2024)

10

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2024 WL pneumoco

Anderson Dorsey, SM. 18‐484V 1/17/2024 GBS accepted

557052 ccal

2024 WL

Alsaadeh Dorsey, SM. 19‐1097V 1/23/2024 flu hearing loss rejected

694072

2024 WL

Rocha Moran, SM. 16‐241V 2/1/2024 hepatitis B vasculitis rejected

752787

MFR

denied,

Gamboa‐ 2023 WL pneumoco appeal

Tapp, J. 18‐925V 2/26/2024 GBS rejected 170

Avila 6536207 ccal filed

Fed.Cl.

441 (2024)

MFR

sensori‐

2024 WL denied,

Herms Dorsey, SM. 19‐70V 3/4/2024 DTaP neural rejected

1340669 2024 WL

hearing loss

3837327

2024 WL

Sparrow Moran, SM. 18‐295V 3/19/2024 MMR ADEM rejected MFR filed

1599165

Petitioner did not

2024 WL transverse

Brancheau Dorsey, SM. 21‐1209V 3/21/2024 flu not evaluated establish other

1619606 myelitis

Althen prongs

2024 WL GBS ‐ non‐

Lau Dorsey, SM. 19‐1956V 3/22/2024 flu accepted

1638367 Table

2024 WL Anti‐NMDAR

L.R. / BaxteOler, SM. 16‐922V 3/28/2024 various rejected

1912575 encephalitis

2024 WL small fiber

Coons Dorsey, SM. 20‐1067V 3/29/2024 Td accepted

1741619 neuropathy

2024 WL

Broussard Moran, SM. 18‐302V 4/4/2024 hepatitis B NMO rejected

1829210

11

Appendix 1:

Some Cases with Molecular Mimicry Sorted by Date

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

Petitioner did not

2024 WL neuroinflama have

M.M. Dorsey, SM. 18‐583V 7/18/2024 flu not evaluated

4164557 mation neuroinflammati

on

2024 WL pneumoco

Morrison Oler, SM. 18‐386V 7/18/2024 GBS rejected

3738934 ccal

12

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2020 WL

Walls Olers, SM. 16‐557V 6/23/2020 childhood ITP accepted

13801342

MFR

sensori‐

2024 WL denied,

Herms Dorsey, SM. 19‐70V 3/4/2024 DTaP neural rejected

1340669 2024 WL

hearing loss

3837327

2021 WL peripheral

Haubner Sanders, SM. 16‐1426V 10/22/2021 flu rejected

5614942 neuropathy

2023 WL

E.A. Dorsey, SM. 18‐1587V 1/24/2023 flu Bell's palsy accepted

2640710

Arredond 2023 WL

Dorsey, SM. 18‐1782V 10/31/2023 flu Bell's palsy accepted

o 8181138

vacated

On review, CFC and

found that remanded,

2021 WL brachial

Patton Horner, SM. 15‐1553V 5/17/2021 flu rejected molecular 157

2389835 neuritis

mimicry theory Fed.Cl.

satisfied Althen 1 159

(2021).

2021 WL accepted in

Berg Oler, SM. 16‐650V 12/14/2021 flu CIDP

6883495 dicta

2022 WL

Mason Corcoran, SM. 17‐1383V 2/4/2022 flu CIDP accepted

600415

2023 WL

Radford Moran, SM. 18‐704V 2/22/2023 flu CIDP rejected

2159306

2023 WL dermato‐

McDaniel Dorsey, SM. 17‐1322V 6/26/2023 flu rejected

4678688 myositis

MFR

denied,

2021 WL

Caredio Corcoran, SM. 17‐79V 7/30/2021 flu epilepsy rejected 2021 WL

4100294

6058835

(2021)

1

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

GBS as diagnosis

2020 WL

Sweeney Sanders, SM. 13‐392V 2/28/2020 flu GBS not evaluated was not

1844672

established

2020 WL Timing was

Rowan Corcoran, SM. 17‐760V 4/28/2020 flu GBS not evaluated

2954954 wrong

Petition filed

Soltero 2020 WL

Horner, SM. 16‐808V 10/20/2020 flu GBS accepted before Table

Arias 6706071

change

2024 WL GBS ‐ non‐

Lau Dorsey, SM. 19‐1956V 3/22/2024 flu accepted

1638367 Table

2024 WL

Alsaadeh Dorsey, SM. 19‐1097V 1/23/2024 flu hearing loss rejected

694072

2023 WL

Mitchell Dorsey, SM. 19‐1534V 1/11/2023 flu ITP accepted

4483134

2023 WL

Hofer Gowen, SM. 18‐1752V 6/12/2023 flu MAID accepted

4397810

2020 WL multiple

Hitt Moran, SM. 15‐1283V 1/24/2020 flu accepted

831822 sclerosis

2021 WL multiple

Robinson Oler, SM. 14‐952V 4/12/2021 flu accepted

2371721 sclerosis

2023 WL multiple

Mathis Moran, SM. 20‐431V 8/1/2023 flu rejected

5436135 sclerosis

MFR

denied,

2023 WL multiple appeal

Townsend Dorsey, SM. 14‐266V 8/29/2023 flu rejected 170

6212496 sclerosis filed

Fed.Cl.

130 (2024)

2023 WL myasthenia

Kelly Horner, SM. 16‐1548V 5/5/2023 flu rejected

3274159 gravis

2023 WL myasthenia

Smilo Dorsey, SM. 18‐1585V 5/15/2023 flu rejected

3918397 gravis

2

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

Petitioner did not

2024 WL neuroinflama have

M.M. Dorsey, SM. 18‐583V 7/18/2024 flu not evaluated

4164557 mation neuroinflammati

on

Respondent's

expert offered

MM to explain

para‐ how lung cancer

2020 WL

Sweeney Sanders, SM. 13‐392V 2/28/2020 flu neoplastic accepted could have

1844672

syndrome neurologic

complications.

SM seemed to

endorse.

Special master

found that

2021 WL polyneuropat

Blender Dorsey, SM. 16‐1308V 2/26/2021 flu accepted pneumococcal

1096662 hy

vaccine played no

role

2023 WL

Specks Sanders, SM. 15‐491V 4/14/2023 flu POTS rejected

2947619

2019 WL rheumatoid

Parker Sanders, SM. 14‐979V 6/24/2019 flu accepted

3425297 arthritis

MFR

denied,

2019 WL rheumatoid

Tullio Moran, SM. 15‐51V 12/19/2019 flu rejected 149 Fed.

7580149 arthritis

Cl. 448

(2020)

2021 WL rheumatoid

Moran Oler, SM. 16‐538V 10/4/2021 flu rejected

4853544 arthritis

2023 WL rheumatoid

Clark Oler, SM. 17‐1553V 6/16/2023 flu rejected

4897284 arthritis

3

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2023 WL rheumatoid

Wilson Oler, SM. 17‐1264V 12/7/2023 flu rejected

9053671 arthritis

2021 WL

Andrews Oler, SM. 16‐196V 10/21/2021 flu SLE rejected

5755328

2023 WL small fiber

Fiske Oler, SM. 17‐1378V 11/13/2023 flu accepted

8352761 neuropathy

2024 WL small fiber

Greenhaw Moran, SM. 21‐2032V 1/2/2024 flu rejected

263123 neuropathy

2021 WL small fiber

E.M. Sanders, SM. 14‐753V 7/9/2021 flu accepted

3477837 neuropathy

2022 WL small fiber

J.D. Sanders, SM. 14‐742V 8/31/2022 flu rejected

16543853 neuropathy

2023 WL small fiber

Schlusser Sanders, SM. 16‐901V 6/30/2023 flu rejected

4926908 neuropathy

Thrombotic

2021 WL

Parmer Roth, SM. 16‐880V 3/25/2021 flu Thrombo‐ accepted

1524512

cytopenia

2019 WL transverse

Pearson Dorsey, SM. 16‐9V 7/31/2019 flu rejected

3852633 myelitis

2023 WL transverse

Bowling Moran, SM. 18‐109V 9/20/2023 flu rejected

6846491 myelitis

Petitioner did not

2024 WL transverse

Brancheau Dorsey, SM. 21‐1209V 3/21/2024 flu not evaluated establish other

1619606 myelitis

Althen prongs

MFR

flu and/or denied,

2020 WL cryoglobuline

Temes Corcoran, SM. 16‐1465V 5/21/2020 pneumoco rejected 151 Fed.

4198036 mia

ccal Cl. 448

(2020)

4

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

Special master's

rejection of

flu and/or molecular

151 Fed. Cl. cryoglobuline

Temes Griggsby, J. 16‐1465V 12/7/2020 pneumoco rejected mimicry was

448 mia

ccal supported by

substantial

evidence.

2023 WL

J.G. Dorsey, SM. 20‐664V 4/3/2023 hepatitis A GBS accepted

2752634

2023 WL hepatitis A multiple

Williams Roth, SM. 13‐471V 7/25/2023 accepted

4741993 &B sclerosis

2023 WL

Osso Dorsey, SM. 18‐575V 7/13/2023 hepatitis B GBS accepted

5016473

2023 WL multiple

Bravo Moran, SM. 17‐501V 5/31/2023 hepatitis B rejected

4147146 sclerosis

2024 WL

Broussard Moran, SM. 18‐302V 4/4/2024 hepatitis B NMO rejected

1829210

SM was not

arbitrary or

146 Fed. Cl. capricious in

Yalacki Firestone, J. 14‐278V 8/5/2019 hepatitis B POTS, CFS rejected

80 rejecting

molecular

mimicry

2022 WL

Clark Horner, SM. 18‐813V 2/7/2022 hepatitis B shoulder rejected

16635681

2024 WL

Rocha Moran, SM. 16‐241V 2/1/2024 hepatitis B vasculitis rejected

752787

5

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

SM was not

arbitrary or

164 Fed. Cl. hepatitis B, capricious in affirmed

J.S. Meyers, J. 16‐1083V 2/13/2023 POTS rejected

314 HPV rejecting 9/5/24

molecular

mimicry

2023 WL alopecia

Farag Sanders, SM. 17‐714V 9/29/2023 HPV rejected

7203034 areata

auto‐immune

2023 WL autonomic

Ambriz Sanders, SM. 15‐502V 2/27/2023 HPV rejected

2771037 ganglionopat

hy

chronic

2023 WL

Stoev Moran, SM. 19‐1434V 10/12/2023 HPV regional pain rejected

7297981

syndrome

2020 WL

Allard Roth, SM. 14‐442V 3/9/2020 HPV ITP rejected

1649669

2020 WL

Phillips Oler, SM. 16‐906V 11/23/2020 HPV ITP accepted

7767511

2023 WL

Cobb Oler, SM. 17‐1123V 8/21/2023 HPV narcolepsy accepted

6457568

MFR

denied,

2020 WL

Duncan Moran, SM. 16‐1367V 10/19/2020 HPV PANDAS rejected 153 Fed.

6738118

Cl. 642

(2021)

6

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

SM was not

arbitrary or

153 Fed. Cl. capricious in

Duncan Davis, J. 16‐1367V 4/19/2021 HPV PANDAS rejected

642 rejecting

molecular

mimicry

2019 WL

McKown Corcoran, SM. 15‐1451V 7/15/2019 HPV POTS rejected

4072113

2023 WL

C.F Horner, SM. 15‐731V 1/20/2023 HPV POTS rejected

2198809

2023 WL

DrummondSanders, SM. 16‐702V 4/21/2023 HPV POTS rejected

3035072

MFR

premature Denied denied,

2023 WL

Bello Sanders, SM. 13‐349V 3/10/2023 HPV ovarian accepted entitlement on 167

2447497

failure other prongs Fed.Cl.

517 (2023)

Accepted theory

in ruling but later

dismissed for

insufficient

premature

2021 WL evidence that

Brayboy Sanders, SM. 15‐183V 8/30/2021 HPV ovarian accepted

4453146 Petitioner has

insufficiency

POI with

autoimmune

etiology, 2022

WL 1316235

primary

2021 WL medistinal

Nifakos Oler, SM. 14‐236V 3/4/2021 HPV rejected

1345218 large B‐cell

lymphoma

7

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

mot. for

systemic rev.

2024 WL lupus denied,

Stricker Moran, SM. 18‐56V 1/2/2024 HPV rejected

263189 erthematosu 170

s (SLE) Fed.Cl.

701 (2024)

MFR

denied,

2020 WL

E.S. Corcoran, SM. 17‐480V 11/13/2020 HPV, flu CFS rejected 154

9076620

Fed.Cl.

149 (2021)

MFR

denied,

2020 WL

E.S. Corcoran, SM. 17‐480V 11/13/2020 HPV, flu narcolepsy rejected 154

9076620

Fed.Cl.

149 (2021)

MFR

denied,

2020 WL

E.S. Corcoran, SM. 17‐480V 11/13/2020 HPV, flu POTS rejected 154

9076620

Fed.Cl.

149 (2021)

MFR

denied,

2020 WL small fiber

E.S. Corcoran, SM. 17‐480V 11/13/2020 HPV, flu rejected 154

9076620 neuropathy

Fed.Cl.

149 (2021)

8

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2020 WL

Phillips Oler, SM. 16‐906V 11/23/2020 live flu ITP rejected

7767511

MFR

Petitioner did not denied, affirmed,

2022 WL

Henkel Sanders, SM. 15‐1048V 8/31/2022 live flu narcolepsy accepted establish other 165 2024 WL

16557979

Althen prongs Fed.Cl. 3873569

153 (2023)

2024 WL

Sparrow Moran, SM. 18‐295V 3/19/2024 MMR ADEM rejected MFR filed

1599165

juvenile

2022 WL

Putman Corcoran, SM. 19‐1921V 1/31/2022 MMR idiopathic rejected

600417

arthritis

2021 WL

Pickens Moran, SM. 17‐187V 1/22/2021 MMR SIDP rejected

615218

MFR

denied,

2020 WL MMR and Onset was too

Castaneda Oler, SM. 15‐1066V 5/18/2020 PANS rejected 152

3833076 others quick

Fed.Cl.

576 (2020)

MMR,

2022 WL varicella,

Moses Moran, SM. 19‐739V 5/18/2022 sJIA rejected

2073346 pneumoco

ccal

2022 WL pneumoco

Gross Dorsey, SM. 17‐1075V 9/22/2022 CIDP accepted

9669651 ccal

2020 WL pneumoco

Deshler Corcoran, SM. 16‐1070V 7/1/2020 GBS rejected

4593162 ccal

2022 WL pneumoco

Maloney Dorsey, SM. 19‐1713V 3/17/2022 GBS accepted

1074087 ccal

9

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

MFR

denied,

2023 WL pneumoco

Trollinger Corcoran, SM. 16‐473V 2/17/2023 GBS rejected 167

2521912 ccal

Fed.Cl.

127 (2023)

2023 WL pneumoco

Sprenger Dorsey, SM. 18‐279V 11/14/2023 GBS accepted

8543435 ccal

2024 WL pneumoco

Anderson Dorsey, SM. 18‐484V 1/17/2024 GBS accepted

557052 ccal

MFR

denied,

Gamboa‐ 2023 WL pneumoco appeal

Tapp, J. 18‐925V 2/26/2024 GBS rejected 170

Avila 6536207 ccal filed

Fed.Cl.

441 (2024)

2024 WL pneumoco

Morrison Oler, SM. 18‐386V 7/18/2024 GBS rejected

3738934 ccal

SM was not

MFR

arbitrary or

denied, affirmed,

2021 WL pneumoco capricious in

Loyd Corcoran, SM. 16‐811V 5/20/2021 ITP rejected not 2023 WL

2708941 ccal rejecting

available 1878572

molecular

on WL

mimicry

2021 WL pneumoco Miller‐Fisher

Koller Gowen, SM. 16‐439V 10/8/2021 accepted

5027947 ccal GBS

2022 WL pneumoco transverse

Tracy Sanders, SM. 16‐213V 3/30/2022 accepted

1125281 ccal myelitis

2022 WL pneumoco ulcerative

Gapen Moran, SM. 19‐422V 5/5/2022 rejected

1711616 ccal colitis

2024 WL small fiber

Coons Dorsey, SM. 20‐1067V 3/29/2024 Td accepted

1741619 neuropathy

10

Appendix 2:

Some Cases with Molecular Mimicry Sorted by Vaccine and then Injury

CoFC Fed. Cir.

Title Judicial Officer Docket Date cite Vaccine Injury outcome notes

review review

2022 WL

Sanchez Corcoran, SM. 18‐1012V 3/11/2022 Tdap CIDP rejected

1013264

Petitioner did not

2021 WL

Winkler Dorsey, SM. 18‐203V 12/10/2021 Tdap GBS not evaluated establish other

6276203

Althen prongs

MFR

denied, affirmed,

2022 WL

K.A. Corcoran, SM. 16‐989V 4/18/2022 Tdap GBS rejected 164 2024 WL

20213037

Fed.Cl. 98 2012526

(2022)

2023 WL

Bishara Moran, SM. 19‐115V 1/27/2023 Tdap scleroderma rejected

2799054

2019 WL small fiber

Swaiss Gowen, SM. 15‐286V 11/4/2019 Tdap accepted

6520791 GBS

2022 WL transverse

I.J. Corcoran, SM. 16‐864V 1/4/2022 Tdap accepted Ruling on remand

277555 myelitis

2023 WL transverse

Le Dorsey, SM. 16‐1078V 3/30/2023 Tdap accepted

3049203 myelitis

167 Fed. Cl.

DenningtonSomers, J. 18‐1303V 10/6/2023 tetanus GBS rejected

640

Giannanto 2023 WL

Moran, SM. 18‐497V 3/30/2023 varicella ADEM rejected

nio 2721387

2024 WL Anti‐NMDAR

L.R. / BaxteOler, SM. 16‐922V 3/28/2024 various rejected

1912575 encephalitis

11

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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