Rebecca Stone v. HHS - Influenza, acute disseminated encephalomyelitis (“ADEM”), postural orthostatic tachycardia syndrome (“POTS”), seizures, and myelopathy (2016)

Rebecca Stone filed a petition alleging that an influenza vaccine administered on October 23, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM), postural orthostatic tachycardia syndrome (POTS), seizures, and myelopathy. She sought compensation under the National Childhood Vaccine Injury Act.

The respondent, the Secretary of Health and Human Services, filed a motion to dismiss, arguing that insufficient evidence of vaccine causation had been provided and that Ms. Stone had failed to meet her burden of proof.

Ms. Stone consented to the motion to dismiss, stating she was unable to find an expert to support her claim of vaccine injury.

The court granted the respondent's motion and dismissed the case. The decision noted that Ms.

Stone's treating doctors' opinions did not support her allegations; one neurologist found no functional change, another suggested conversion disorder, an EEG showed normalcy, and a cardiologist noted her fainting was not consistent with typical vasovagal pathology. The case was dismissed for failure to make a prima facie case of causation in fact, as required under the Althen standard, and no award was granted.