M.P. v. HHS - MMR, acute disseminated encephalomyelitis (ADEM) and transverse myelitis (TM) (2024)

On April 22, 2016, Misty Pasco, on behalf of her minor daughter M.P., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that the measles-mumps-rubella (MMR) and varicella vaccines M.P. received on May 14, 2015, caused her to develop acute disseminated encephalomyelitis (ADEM) and transverse myelitis (TM).

An amended petition filed on January 30, 2018, also alleged that the vaccinations caused encephalitis as a Table injury. Following an entitlement hearing, Special Master Herbrina Sanders issued a ruling on September 23, 2022, finding that the MMR and varicella vaccines were the cause-in-fact of M.P.'s TM and ADEM.

However, the Table claim for encephalitis was denied due to ADEM being an exclusionary criterion. The case then proceeded to the damages phase.

On June 15, 2023, the Respondent filed a proffer recommending a lump sum payment of $150,000.00 for pain and suffering and $15,949.41 for past unreimbursable expenses. Petitioner agreed to these amounts.

On January 24, 2024, Special Master Sanders issued a Decision Awarding Damages, granting a total of $165,949.41 to M.P. The award included a $150,000.00 lump sum payment for pain and suffering, payable to M.P.'s estate as a minor's conservator, and $15,949.41 for past unreimbursable expenses, payable directly to Misty Pasco.

Petitioner was represented by Richard Gage of Richard Gage, P.C., and Respondent was represented by Tyler King of the U.S. Department of Justice.

The medical records indicate M.P. was born on May 8, 2014. Following her vaccinations on May 14, 2015, she developed symptoms including fever, cough, and congestion, followed by vomiting, diarrhea, weakness, lethargy, and an inability to walk.

An MRI revealed longitudinal myelitis consistent with ADEM. M.P. was diagnosed with ADEM and TM and received treatment including IV steroids and IVIG.

Expert testimony was presented by Lawrence Steinman, M.D., for the Petitioner, and Hayley Gans, M.D., and Michael Kruer, M.D., for the Respondent. Dr.

Steinman opined that the vaccines, in conjunction with a human metapneumovirus (HMPV) infection, created a "perfect storm" causing M.P.'s injuries through molecular mimicry. Drs.

Gans and Kruer argued that the HMPV infection alone was the cause. Special Master Sanders found Dr.

Steinman's testimony more persuasive and concluded that the vaccines were a substantial factor in causing M.P.'s ADEM and TM, satisfying the Althen test for causation-in-fact.