V.S.R. v. HHS - MMR, Table encephalitis and death (2025)

On February 17, 2017, Matthew Rodela and Casandra Hogan, as legal representatives of the estate of their deceased daughter V.S.R., filed a petition alleging that the Measles, Mumps, Rubella (MMR) vaccine administered on February 20, 2015, caused V.S.R. to suffer encephalitis, a Table Injury, which ultimately led to her death. V.S.R. was approximately 14 months old at the time of vaccination.

The petition was filed on February 17, 2017. Following extensive litigation, including expert testimony and a hearing, Special Master Daniel T.

Horner issued a ruling on entitlement on April 5, 2024, finding that V.S.R. suffered from encephalitis, a Table Injury, and that the MMR vaccine caused this condition. The ruling detailed conflicting expert opinions on the interpretation of V.S.R.'s autopsy findings, particularly regarding the presence and significance of inflammation, edema, and potential herniation in the brain.

Petitioners' experts, Dr. Robert Shuman (pathologist) and Dr.

Marcel Kinsbourne (neurologist), opined that the autopsy findings were consistent with encephalitis, which likely led to seizures and death. Respondent's experts, Dr.

Brent Harris (pathologist) and Dr. Elaine Wirrell (neurologist), argued that the findings were more consistent with Sudden Unexplained Death in Childhood (SUDC) or an unspecified viral illness, and that the evidence did not definitively prove encephalitis.

Special Master Horner found the petitioners' evidence persuasive, particularly the postmortem pathology indicating inflammation of the brain parenchyma, and concluded that V.S.R. suffered encephalitis caused by the MMR vaccine, with the onset occurring within the Table period. On August 8, 2024, respondent filed a proffer agreeing to an award of $310,000.00, comprising $250,000.00 for vaccine-related death and $60,000.00 for past pain and suffering.

This award was finalized on November 3, 2025, after a procedural amendment regarding the form of payment, changing it from a check payable to the parents to an ACH deposit to the counsel's IOLTA account for disbursement to the estate. V.S.R. died on March 11, 2015, approximately 19 days after receiving the MMR vaccine.