Eilise Moriarty v. HHS - MMR, seizure disorder and encephalopathy with decline in cognitive and motor functions (2018)

On December 31, 2003, Marie Louise and Stephen Moriarty filed a petition on behalf of their daughter, Eilise Moriarty, seeking compensation under the National Childhood Vaccine Injury Compensation Program. They alleged that the measles, mumps, and rubella (MMR) vaccine administered on January 2, 2001, caused Eilise to develop a seizure disorder, encephalopathy, and a decline in cognitive and motor functions.

Initially, the petition alleged autism as the injury, but this was amended to focus on seizure disorder and encephalopathy. Eilise was born in 1996 and had developmental delays, including difficulties with walking and talking, from a young age.

She received her second MMR vaccine, along with DTaP and IPV vaccines, on January 2, 2001, at age four. Petitioners alleged that five days later, on January 7, 2001, Eilise experienced an event described as a seizure.

Approximately two weeks later, on January 23, 2001, Eilise had a grand mal seizure at school, leading to hospitalization and a diagnosis of new-onset seizures. Over the following months, Eilise experienced frequent seizures and a decline in expressive language skills.

In June 2001, she began a ketogenic diet, which successfully controlled her seizures. By January 2002, she was seizure-free and no longer taking seizure medication.

Her treating physicians diagnosed her with static encephalopathy of unknown etiology and intractable atonic seizures, resolved with the ketogenic diet. By age 17, Eilise's cognitive and motor skills remained significantly delayed.

The case proceeded through multiple decisions and appeals. Initially, Special Master Christian J.

Moran denied compensation on August 15, 2014, finding that the Moriartys failed to establish a persuasive medical theory connecting the MMR vaccine to autoimmune epileptic encephalopathy (Althen prong 1) and a logical sequence of cause and effect (Althen prong 2). The Court of Federal Claims affirmed this decision.

However, the Federal Circuit vacated the decision and remanded for reconsideration, finding that the special master erred by not considering all relevant evidence, including scientific articles cited by petitioners' expert, Dr. Yuval Shafrir.

On remand, Special Master Moran re-evaluated the evidence. While he found that the Moriartys had established that the MMR vaccine could cause epileptic encephalopathy (Althen prong 1), he again concluded that they had not proven Eilise's condition was autoimmune in origin, thus failing Althen prong 2.

The Court of Federal Claims again reviewed the decision, and on February 10, 2017, Judge Thomas C. Wheeler vacated the special master's decision, finding that the special master had set too high a bar for prong two and that the evidence, particularly the Weibel article, supported a finding of causation.

The court found that Petitioners had met the burden for liability and remanded for a damages determination. On August 9, 2018, Special Master Moran issued a decision awarding damages based on a proffer agreed upon by the parties.

The award included a lump sum of $1,367,111.31 for lost earnings, pain and suffering, and first-year life care expenses, plus a lump sum of $200,000.00 for past unreimbursable expenses. Future life care expenses were to be paid through an annuity.

The total award was $1,567,111.31.