J.S. v. HHS - Influenza, transverse myelitis (2019)
Case summary [AI summaries can sometimes make mistakes]
On September 15, 2014, J.S. filed a petition alleging that an influenza vaccine administered on September 23, 2011 caused transverse myelitis. She was 41 years old.
Her medical history included hypertension, kidney stones, anxiety, and depression, and the record also noted leg symptoms before vaccination after surgical procedures, which became part of respondent's causation defense. Within days after vaccination, J.S. reported worsening bilateral leg pain, numbness, and trouble walking.
By September 30, 2011, physicians were considering Guillain-Barre syndrome, central nervous system disease, and acute polyneuropathy. On October 2, her presentation was suspected to be transverse myelitis, and repeat MRI imaging on October 5 supported acute idiopathic transverse myelitis.
The clinical record described abrupt neurologic decline with lower-extremity symptoms, difficulty ambulating, and an inflammatory spinal cord process. Petitioner relied on neurologist Dr.
Norman Latov of Weill Cornell, who advanced an immune-mediated theory involving molecular mimicry and bystander activation. Respondent disputed the relationship between the vaccine and the neurologic illness and pointed to pre-vaccination neurologic complaints and alternative explanations.
Chief Special Master Brian H. Corcoran found entitlement on April 9, 2018.
A later damages proffer and decision awarded $902,401.49 in lump-sum compensation, including pain and suffering, past unreimbursed expenses, life-care needs, lost earnings, and annuity-funded future care.
Theory of causation
Influenza vaccine September 23, 2011 at age 41 causing transverse myelitis. COMPENSATED. Petitioner expert Dr. Norman Latov, Weill Cornell neurologist, offered immune-mediated molecular mimicry/bystander activation theory; respondent disputed onset and pointed to pre-vaccination leg symptoms/alternative explanations. Key evidence: bilateral leg pain/numbness and gait difficulty within days, suspected TM by October 2, 2011, MRI support by October 5, 2011. Entitlement granted by CSM Corcoran April 9, 2018; damages September 24, 2019. Award $902,401.49 lump sum plus annuity-funded future care components. Petition filed September 15, 2014.
Source PDFs
USCOURTS-cofc-1_14-vv-00851