A.E. v. HHS - MMR, acute disseminated encephalomyelitis (ADEM) (2025)

On April 15, 2015, Majed and Shams Eilan, as parents and next friends of their minor daughter A.E., filed a petition alleging that the HIB, MMR, pneumococcal, and varicella vaccines A.E. received on April 27, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM). The case was initially assigned to Special Master Millman, and later reassigned to Special Master Daniel T.

Horner. Respondent filed a Rule 4 report recommending against compensation, stating A.E. was not diagnosed with ADEM and the alleged onset timing was not reflected in the records.

Petitioners submitted an expert report from neurologist Marcel Kinsbourne, M.D., and respondent submitted a responsive report from neurologist Michael Kruer, M.D. An entitlement hearing was held on February 19-20, 2020, with testimony from Drs.

Kinsbourne and Kruer. On February 23, 2021, Special Master Horner issued a ruling on entitlement, finding that A.E. was entitled to compensation because her ADEM was caused-in-fact by the vaccinations.

This was an off-Table claim, requiring petitioners to prove causation. The medical records detailed A.E.'s complex diagnostic journey, beginning approximately 10 days after vaccination with fevers, developmental regression, and neurological symptoms.

Multiple physicians were involved in evaluating her condition, considering various diagnoses before concluding ADEM was the most likely. Dr.

Kinsbourne supported the petitioners' claim, while Dr. Kruer contested the ADEM diagnosis and its link to vaccination.

Special Master Horner found preponderant evidence supported the ADEM diagnosis and its causal link to the vaccines. A subsequent ruling on damages was issued on April 4, 2025.

The parties submitted a Joint Status Report and Appendix A detailing the damages. The award included a lump sum of $2,243,221.89 for life care expenses, lost earnings, Social Security benefits, and pain and suffering.

An additional lump sum of $898,082.13 was awarded to satisfy a Pennsylvania Department of Human Services Medicaid lien. Finally, an amount sufficient to purchase an annuity contract for future life care items was awarded.

The total award was based on the Joint Status Report agreed upon by both parties. Petitioner counsel was Richard Gage, P.C., and respondent counsel was the U.S.

Department of Justice. Special Master Daniel T.

Horner presided over both the entitlement and damages rulings.