Our partner, [David Carney](https://greenlegalteam.com/david-carney/), obtained a critical entitlement decision in a CIDP case that could set a positive trend for future cases involving [Chronic Inflammatory Demyelinating Polyneuropathy following the flu vaccine](https://greenlegalteam.com/cidp-vaccine-injury-lawyer/). In this case, the petitioner received a seasonal influenza vaccine on September 18, 2020, and developed neurologic symptoms within days—reporting leg fatigue and new numbness approximately one week later, which progressively worsened. While there were minor, non-specific complaints of toe numbness noted on the day of vaccination, the Court ultimately found these were not indicative of a preexisting neuropathy. Over the following weeks, the petitioner experienced ascending weakness, difficulty walking, and significant neurologic decline, leading to a confirmed diagnosis of CIDP after abnormal EMG testing and hospitalization. His condition required IVIG, plasmapheresis, and extensive rehabilitation, and he was left catastrophically injured—unable to return to work and facing ongoing medical treatment into the indefinite future.
The case was heavily contested by the government. Respondent’s experts argued that the petitioner did not actually have CIDP, pointing to preserved reflexes, inconsistent treatment response, and alleged flaws in electrodiagnostic testing. They also claimed that symptoms began before vaccination and challenged the scientific basis for linking the flu vaccine to CIDP, particularly criticizing reliance on molecular mimicry. In response, petitioner’s experts—neurology and immunology specialists—demonstrated that the clinical course, diagnostic testing, and treating physician assessments supported a CIDP diagnosis, and explained how the immune response triggered by the flu vaccine can, in rare cases, lead to autoimmune neuropathies like CIDP. They further established that onset within approximately one to two weeks is medically appropriate for this type of injury.
In a clear and practical ruling, the Court agreed with petitioner. It found that the CIDP more likely than not began in the post-vaccination period, that onset within about one week was medically acceptable, and that petitioner satisfied his burden of proving that the flu vaccine can cause CIDP and did cause his condition in this case. The Court emphasized that petitioners are not required to provide perfect scientific proof—only a reliable medical theory supported by the evidence.
If you or a loved one developed Guillain-Barré Syndrome, CIDP, or other neurological complications after a flu shot, you may be entitled to compensation through the Vaccine Injury Compensation Program. At our firm, we fully litigate cases, retain top-tier medical experts, and fight to obtain the compensation our clients deserve. Contact David Carney today to discuss your case.
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