Tanisia Cunningham v. HHS - MMR, autism spectrum disorder (2017)

On July 17, 2013, Tanisia Cunningham, as legal guardian of her son G.C.F., filed a petition for vaccine injury compensation. She alleged that G.C.F.'s autism spectrum disorder (ASD) was caused or aggravated by an MMR (measles, mumps, rubella) vaccination administered on July 2, 2012.

G.C.F. was born on March 26, 2011. Prior to the vaccination, G.C.F. exhibited concerning behaviors such as head-banging, which his father reported in April 2012, leading to a recommendation for developmental and neurological evaluations.

Following the MMR and varicella vaccinations on July 2, 2012, G.C.F. developed a rash and fever, and his parents reported he had not been doing well since the vaccinations. Subsequent evaluations in October 2012 and January 2013 confirmed a diagnosis of autistic disorder.

Petitioner's expert, Dr. Yuval Shafrir, theorized that the MMR vaccine caused an autoimmune encephalopathy leading to G.C.F.'s ASD.

Respondent's expert, Dr. Max Wiznitzer, a specialist in autism, disagreed, opining that G.C.F. showed signs of ASD prior to the vaccination and that the autoimmune theory was not well-supported.

Special Master George L. Hastings denied the petition on August 1, 2016, finding that G.C.F.'s ASD symptoms predated the vaccination and that the petitioner failed to establish a causal link between the MMR vaccine and G.C.F.'s condition.

The Special Master also found Dr. Wiznitzer to be a more qualified and persuasive witness.

The Court of Federal Claims, in an opinion issued March 29, 2017, affirmed the Special Master's decision on review, denying the motion for review and upholding the denial of compensation. The court found that the petitioner failed to establish causation-in-fact under the Althen standard and that the evidence did not support the theory that the MMR vaccine caused or aggravated G.C.F.'s autism.