## Favorable Ruling in Dermatomyositis Flu Vaccine Case
David Carney, Esquire, recently obtained a rare and groundbreaking entitlement ruling
in favor of an Arizona woman who developed dermatomyositis (DM)—a serious
autoimmune inflammatory condition—following a seasonal influenza vaccination. The
decision marks only the third time entitlement has ever been granted in a Vaccine
Program case alleging DM, making it a significant legal milestone for individuals who
suffer from the rare condition after vaccination.
Dermatomyositis is a debilitating autoimmune disease characterized by painful skin
rashes, muscle inflammation, and progressive weakness. The disease can lead to long-
term physical disability and often requires aggressive treatment, including
corticosteroids, immunosuppressants, and intravenous immunoglobulin (IVIG). In
Petitioner’s case, her symptoms began just two weeks after receiving the flu vaccine and
included widespread rashes, muscle weakness, fatigue, and difficulty performing daily
tasks. She eventually required years of immunotherapy and ongoing medical
management.
In a detailed and well-reasoned decision, the Court found that the flu vaccine was the
most likely cause of Petitioner’s dermatomyositis, crediting the testimony of Petitioner’s
expert, a renowned rheumatologist and immunologist from the University of California
Davis. Petitioner’s expert explained that dermatomyositis results from a breakdown in
immune tolerance triggered by environmental stimuli—in this case, the flu vaccine—in
individuals with a genetic predisposition. He opined that the vaccine activated
Petitioner’s innate immune system, setting off a “feedforward loop” of type 1 interferon
production and B cell autoantibody response, ultimately leading to sustained
inflammation and tissue damage in her skin and muscles. Petitioner’s expert likened the
immune response to vaccination to that seen with infections, which are known triggers
of autoimmune conditions like dermatomyositis.
The government’s expert agreed with the diagnosis of dermatomyositis but argued that
the condition was more likely triggered by sunlight exposure as opposed to the flu
vaccine. He pointed to the photo-distributed pattern of Petitioner’s rash and claimed her
symptoms began before vaccination. However, the Special Master found these
arguments unpersuasive and determined that the government’s expert had
misinterpreted the medical records and questionnaires regarding symptom onset, and
found no credible evidence of increased or unusual sun exposure that could have caused
the disease. The Court concluded that the sunlight theory was speculative, unsupported
by the record, and insufficient to rebut Petitioner’s case
## A Landmark Decision for Autoimmune Vaccine Injury Claims
This case is a landmark in the National Vaccine Injury Compensation Program, as it
reaffirms that even rare and complex autoimmune diseases like dermatomyositis can be
vaccine-related when the science and evidence support the claim. The ruling sets an
important precedent for other dermatomyositis and similar inflammatory myopathy
cases.
## David Carney – Vaccine Injury Trial Lawyer
David Carney is a nationally recognized vaccine injury attorney and President of the
Vaccine Injured Petitioners Bar Association. Known for his deep expertise in
autoimmune vaccine injury litigation, David continues to lead the way in advocating for
justice on behalf of clients impacted by rare and difficult-to-prove vaccine-related
injuries. His relentless dedication, command of the medical issues, and successful track
record in litigating high-stakes cases distinguish him as a leading voice in this
specialized legal field.
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