BMA v. HHS - Influenza, demyelinating brain injury, nerve damage, trigeminal neuralgia, and other neurological and developmental injuries (2018)

Dawn E. Amankwaa and Benjamin S.

Edwards, parents and natural guardians of BMA, a minor, filed a petition on January 9, 2017, seeking compensation under the National Childhood Vaccine Injury Act. They alleged that BMA suffered a demyelinating brain injury, nerve damage, trigeminal neuralgia, and other neurological and developmental injuries as a result of vaccines received in January, February, and April of 2014.

BMA was born on December 31, 2012. On January 10, 2014, BMA received measles-mumps-rubella, varicella, hepatitis A, and influenza vaccines.

He received a second dose of the influenza vaccine in February 2014 and four additional vaccines in April 2014: diphtheria-tetanus-acellular pertussis, haemophilus influenzae type b, inactivated polio virus, and pneumococcal conjugate. By July 2014, BMA's parents expressed concerns about his development, leading to an autism evaluation and recommendations for physical and speech therapy.

In February 2015, BMA was evaluated for behavioral issues and a suspected seizure; an MRI revealed possible white matter damage, but specialists doubted a demyelinating disease diagnosis. By late 2015, trigeminal neuralgia was suggested as a possible cause for facial pain, and BMA was treated for this condition.

A May 2016 MRI showed no evidence of neurovascular conflict and a stable white matter signal. BMA underwent surgery for nerve compression causing the trigeminal neuralgia.

The medical records did not link BMA's vaccinations to his developmental issues or trigeminal neuralgia, and he was never diagnosed with a white matter demyelinating disease. The Special Master initially questioned the claim's reasonable basis, noting the lack of evidence linking the alleged injury to the vaccinations and the potential for autism spectrum disorder.

The Special Master's decision to award interim attorneys' fees to petitioners' counsel, Robert J. Krakow, was reviewed by the Court of Federal Claims.

The court found that the Special Master erred in considering the impending statute of limitations deadline as a basis for a reasonable claim, citing Simmons v. Secretary of HHS.

The court reversed the award of interim attorneys' fees. Subsequently, the Special Master dismissed the case for insufficient proof, concluding that the medical records did not support a vaccine-induced injury and that BMA's parents' concerns about regression were not causally linked to any vaccination.

The public decision does not name petitioner counsel, respondent counsel, or the Special Master by name in the summary of the final dismissal, but the court opinion names Judge Margaret M. Sweeney and Special Master Brian H.

Corcoran. The public decision does not describe the specific mechanism of injury or name any medical experts.