Zelma Taylor v. HHS - Influenza, acute disseminated encephalomyelitis (2018)

Filed 2013-09-19Decided 2018-12-03Vaccine Influenza
denied

Case summary [AI summaries can sometimes make mistakes]

Zelma Taylor filed a petition on September 19, 2013, alleging that an influenza (flu) vaccination she received on September 29, 2010 caused her to develop acute disseminated encephalomyelitis (ADEM). At the time of vaccination, petitioner was an 18-year-old college student at Millsaps College in Jackson, Mississippi on a full academic scholarship.

An entitlement hearing was held on April 17, 2017 and May 25-26, 2017. The central dispute was when Ms.

Taylor's neurological symptoms began. Petitioner argued for onset approximately two weeks after vaccination, pointing to a flag football injury on October 14, 2010, accompanied by reports of weakness and fatigue.

Special Master Corcoran found, however, that the record did not support neurological onset until December 2010 — nearly eleven weeks post-vaccination — when Ms. Taylor first complained of intermittent left foot numbness.

Ms. Taylor was not hospitalized until February 13, 2011 (over four months post-vaccination), when MRI revealed extensive demyelinating lesions throughout the white matter and brainstem, leading to an initial ADEM diagnosis.

Respondent's expert argued that oligoclonal bands in the CSF and a 2016 MRI showing progressive lesions were more consistent with MS. Special Master Corcoran denied entitlement on March 9, 2018, finding that the approximately eleven-week interval from vaccination to first neurological symptom was too long to support vaccine-caused ADEM, which requires onset within a few weeks.

The claim failed on the third Althen prong (proximate temporal relationship), and the Special Master also found significant evidentiary deficiencies on the second prong. As of the hearing, Ms.

Taylor was confined to a wheelchair and required constant care. No compensation was awarded.

Theory of causation

Flu Sep 29, 2010 → ADEM (alleged; possibly MS). Entitlement hearing Apr 17 and May 25-26, 2017. DENIED by SM Corcoran Mar 9, 2018: onset found December 2010 (~11 weeks post-vax); ADEM requires onset within weeks; 11-week interval too long (Althen prong 3 failed). Althen prong 2 also insufficient (no record of autoimmune process Oct-Dec 2010). Respondent expert raised MS differential (oligoclonal bands; progressive 2016 MRI). Counsel: Sadaka, Mark T. Sadaka LLC, Englewood NJ.

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