Nada Ahmed v. HHS - Influenza, acute disseminated encephalomyelitis (ADEM) followed by leukodystrophy (2014)
Case summary [AI summaries can sometimes make mistakes]
On September 18, 2013, Waheed Ahmed and Nermeen Hassn, as legal representatives of their daughter Nada Ahmed, filed a petition alleging that influenza, Haemophilus B influenza, and hepatitis A vaccines administered on October 1, 2010, caused Nada to suffer acute disseminated encephalomyelitis (ADEM). Nada was born on October 8, 2009.
One day after vaccination, she exhibited lethargy, irritability, weakness in all four extremities, and loss of milestones. She was taken to JFK Medical Center, where she was diagnosed with ADEM and truncal ataxia.
Subsequent medical records indicated progressive white matter brain disease diagnosed as leukodystrophy of unknown etiology. A pediatric geneticist, Dr.
Susan S. Brooks, noted in March 2013 that Nada had ADEM followed by leukodystrophy, long continuous regions of homozygosity, and a family history including a sister who died from mitochondrial DNA depletion syndrome.
The parents are first cousins, which increases the possibility of rare recessive disorders. Special Master Laura D.
Millman issued a decision on June 6, 2014, dismissing the petition after granting the petitioners' motion for judgment on the administrative record. The Special Master found that the record did not prove that the vaccines caused ADEM, that the ADEM lasted more than six months as required by the Vaccine Act, or that Nada's subsequent leukodystrophy was caused by ADEM or the vaccinations.
No treating physician or expert medical report supplied the necessary causation and sequelae evidence, and temporal association alone was deemed insufficient. Petitioners were represented by Mindy M.
Roth, and respondent was represented by Julia W. McInerny.
No compensation was awarded in the entitlement decision. Subsequently, on July 28, 2014, Special Master Millman issued a decision awarding attorneys' fees and costs.
Based on a stipulation of fact between the parties, the court awarded $11,093.00 for attorneys' fees and costs, payable jointly to the petitioners and their counsel, Britcher, Leone & Roth, L.L.C.
Theory of causation
Petitioners alleged that influenza, Haemophilus B influenza, and hepatitis A vaccines administered on October 1, 2010, to Nada Ahmed (age 0.98 years) caused acute disseminated encephalomyelitis (ADEM) followed by leukodystrophy. The public decision does not describe the specific mechanism of causation. Nada presented with lethargy, irritability, weakness, and loss of milestones one day post-vaccination, leading to an initial diagnosis of ADEM and truncal ataxia. Later evaluations revealed progressive white matter brain disease diagnosed as leukodystrophy of unknown etiology. Dr. Susan S. Brooks noted long regions of homozygosity, parental consanguinity, and a sibling death from mitochondrial DNA depletion syndrome, suggesting a possible genetic component. Special Master Laura D. Millman dismissed the petition on June 6, 2014, finding that petitioners failed to prove by a preponderance of the evidence that the vaccines caused ADEM, that the ADEM lasted more than six months, or that the leukodystrophy was a sequela of ADEM or the vaccinations. The decision noted the absence of expert medical reports or treating physician opinions supporting causation and that mere temporal association was insufficient. Petitioners were represented by Mindy M. Roth. On July 28, 2014, Special Master Millman awarded $11,093.00 in attorneys' fees and costs based on a stipulation between the parties.
Source PDFs
USCOURTS-cofc-1_13-vv-00694