Carmen Moreno Lozano v. HHS - Tdap, acute disseminated encephalomyelitis (2019)

Carmen Moreno Lozano filed a petition under the National Vaccine Injury Compensation Program alleging that she developed acute disseminated encephalomyelitis (ADEM) due to a Tdap vaccine received on July 15, 2012. Her initial symptoms of fever, body aches, and breast tenderness appeared two weeks after vaccination, followed by more severe weakness, fever, dizziness, vision changes, and neck pain 25 days post-vaccination.

An MRI revealed lesions in her brainstem, cerebellum, and white matter, leading to an initial diagnosis of Multiple Sclerosis (MS). However, subsequent tests and the resolution of lesions pointed towards ADEM as the correct diagnosis.

After a hearing, the Special Master found that Ms. Lozano had established entitlement to compensation, demonstrating a medically reliable theory connecting the Tdap vaccine to ADEM, a logical sequence of cause and effect, and a proximate temporal relationship.

The respondent's argument that the diagnosis was actually Posterior Reversible Encephalopathy Syndrome (PRES) was not supported by the evidence. The case proceeded to damages, and the parties stipulated to an award of $1,199,216.86 in a lump sum for life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity to cover future life care plan items.

The respondent sought review of the entitlement decision, arguing the Special Master misapplied the Althen test, but the Court of Federal Claims denied the motion, upholding the Special Master's findings.