Ashraf Mostafa v. HHS - Influenza, multiple sclerosis (2024)

Ashraf Mostafa, a 51-year-old physician, filed a claim on November 21, 2016, alleging that an influenza vaccine administered on November 22, 2013, caused him to develop acute disseminated encephalomyelitis (ADEM). He presented with neurological symptoms including numbness and urinary retention shortly after vaccination.

Medical imaging, particularly MRIs, revealed lesions in his brain and spinal cord. Dr.

Mostafa retained Dr. Souayah and Dr.

Chen as experts, who opined that he suffered from ADEM. The respondent retained Dr.

Sriram, who opined that Dr. Mostafa suffered from multiple sclerosis (MS).

The Special Master reviewed the diagnostic criteria for MS, specifically the 2017 McDonald criteria, and analyzed the expert opinions and treating physician notes. The Special Master found that the evidence, particularly the MRI findings showing dissemination in time and space, strongly supported a diagnosis of multiple sclerosis.

Several treating physicians, including radiologists Nicholas Georges and Robert Van Besien, and neurologists James Russell and Walter Royal, also indicated that Dr. Mostafa's condition was consistent with or probable MS.

While some treating physicians, such as Dr. Morad (Dr.

Mostafa's wife) and neurologist Syed Shaukat, suggested ADEM or a post-infectious/post-vaccine encephalomyelitis, the Special Master found Dr. Morad's opinion lacked persuasive value as it did not address MRI imaging, and Dr.

Shaukat's opinion was inconsistent with other imaging findings. The Special Master noted that Dr.

Sriram possessed superior qualifications regarding MS diagnosis. The Special Master concluded that Dr.

Mostafa's condition was multiple sclerosis, not ADEM. Since Dr.

Mostafa did not present evidence that the flu vaccine causes multiple sclerosis, and his condition was ultimately diagnosed as MS, his claim for compensation was denied. The decision was issued by Special Master Christian J.

Moran on April 8, 2024. Petitioner counsel was Amy A.

Senerth of Muller Brazil, LLP, and respondent counsel was James V. Lopez of the United States Department of Justice.