S.W. v. HHS - DTaP, transverse myelitis (2015)

On November 22, 2010, Rebecca and Randall Whitney filed a petition under the National Childhood Vaccine Injury Compensation Program on behalf of their son, S.W., alleging that vaccines administered on November 26, 2007, at approximately four months of age, caused him to develop transverse myelitis. The vaccines administered were DTaP, Hib, IPV, pneumococcal conjugate, and rotavirus.

S.W. had been healthy in his first months of life, though he experienced a mild upper respiratory infection around Thanksgiving 2007, which experts later associated with human herpesvirus 6 (HHV-6). In early December 2007, S.W. developed congestion and bowel changes, which experts considered early neurologic signs.

By December 12, 2007, his legs were weak, and on December 13, 2007, his mother took him to the pediatrician due to his lack of normal movement and screaming when moved. Examination revealed decreased tone in his lower extremities, clonus, and absent reflexes.

Hospital testing indicated inflammation in the spinal cord, and MRI findings in the cervical and thoracic spine were interpreted as possible immune-mediated disseminated myelitis. His brain and lumbosacral spine imaging were normal.

Treating doctors considered possible infectious triggers, post-vaccination reaction, and autoimmune disease. S.W. received high-dose steroids and was transferred to rehabilitation.

His residual problems included paraplegia, need for mobility supports, speech delays, fatigue, and bowel/bladder issues. Special Master Christian J.

Moran initially denied compensation on May 8, 2015, finding that while petitioners presented a plausible medical theory and acceptable timing, they failed to prove a logical sequence of cause and effect, giving greater weight to treating record references suggesting HHV-6 as the cause. On review, Judge Charles F.

Lettow vacated this decision and remanded the case on August 12, 2015. The court held that the special master had drawn unsupported inferences, discounted records listing vaccination as a possible cause, and over-credited a later report attributing the condition to HHV-6.

Following remand, the respondent continued to deny that the vaccines caused S.W.'s transverse myelitis. However, the parties resolved the case by stipulation.

On December 1, 2015, Special Master Christian J. Moran adopted the settlement.

The award included a lump sum of $150,000.00 for S.W.'s benefit, $10,971.12 to satisfy a State of Michigan Medicaid lien, and an additional amount sufficient to purchase an annuity contract as described in the stipulation. Petitioners were represented by Ronald C.

Homer of Conway, Homer & Chin-Caplan, P.C. Respondent was represented by Lara A.

Englund of the U.S. Department of Justice.