Patricia Ann D. Walther v. HHS - Td, post vaccinal encephalomyelitis, in the form of acute disseminate encephalo-myelitis (ADEM) (2005)

Patricia Ann D. Walther, a Captain in the U.S.

Army, received a Td vaccination on July 31, 1997, along with yellow fever, typhoid, and meningitis vaccines. A week later, she received a rabies vaccination.

Approximately seven days after the Td vaccination, she developed symptoms consistent with acute disseminated encephalomyelitis (ADEM). ADEM is not listed on the Vaccine Injury Table for the Td vaccine, so Ms.

Walther had to prove by a preponderance of the evidence that the Td vaccine caused her ADEM. She presented expert testimony from Dr.

Vera Byers, who opined that the Td vaccine caused her ADEM, focusing on the tetanus component. However, the respondent presented expert testimony from Dr.

Arthur Safran and Dr. Gregory Shoukimas, who doubted the ADEM diagnosis and stated there was no evidence linking the Td vaccine to ADEM.

The special master reviewed Dr. Byers' testimony and found it unpersuasive, noting inconsistencies and a lack of support in the medical literature, particularly regarding the NCES study she relied upon.

The special master also found that Dr. Byers failed to convincingly demonstrate that the Td vaccine was more likely the cause than the other vaccines received.

Consequently, the special master denied relief. Ms.

Walther filed a Motion for Review, arguing the special master applied the wrong legal standard for causation under the Althen ruling. The court affirmed the special master's decision, finding that the denial was based on the rejection of the expert testimony due to credibility issues, not an incorrect legal standard, and that the special master's findings were not arbitrary or capricious.