K.N. v. HHS - Tdap, Myelin Oligodendrocyte Glycoprotein (MOG) Antibody Disease (MOGAD) (2023)
Case summary [AI summaries can sometimes make mistakes]
On May 31, 2017, L.C. filed a claim on behalf of her minor daughter, K.N., alleging that K.N. suffered a neurological demyelinating disorder as a result of receiving a Tdap vaccine on June 7, 2014. K.N. was ten years old at the time of vaccination.
Within two weeks of vaccination, K.N. began experiencing headaches and vision problems, leading to a diagnosis of bilateral optic neuritis (ON) and suspected acute disseminated encephalomyelitis (ADEM). Over the following months, K.N. experienced further neurological symptoms, including left-sided weakness, and was diagnosed with Myelin Oligodendrocyte Glycoprotein (MOG) Antibody Disease (MOGAD).
Petitioner presented expert testimony from Dr. Robert Stone, who argued that the Tdap vaccine caused K.N.'s MOGAD through mechanisms such as molecular mimicry or bystander activation.
Respondent's expert, Dr. Marc Bouffard, opined that the vaccine did not cause the MOGAD, citing a lack of reliable evidence linking vaccines to MOGAD and arguing that other conditions are not interchangeable with MOGAD.
Chief Special Master Brian H. Corcoran issued an Entitlement Ruling on July 2, 2021, finding that Petitioner met her burden of proof and was entitled to compensation.
A subsequent Decision Awarding Damages, issued by Chief Special Master Corcoran on August 3, 2023, awarded K.N. $194,139.19. This award comprised $190,000.00 for pain and suffering, $2,190.00 for future unreimbursed expenses, and $1,949.19 for past unreimbursed expenses.
Petitioner K.N. later filed a Motion for Review regarding redaction of her name and birth date from public records, which was partially granted by Judge Marian Blank Horn on August 22, 2023, allowing her name to be redacted to initials and her birth date to only the year, but not her mother's name. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Mollie Gorney, later Naseem Kourosh.
Theory of causation
Petitioner K.N., a 10-year-old female, received a Tdap vaccine on June 7, 2014. Within two weeks, she developed headaches and vision problems, progressing to bilateral optic neuritis (ON) and later diagnosed with Myelin Oligodendrocyte Glycoprotein (MOG) Antibody Disease (MOGAD), a neuroinflammatory condition. Petitioner's expert, Dr. Robert Stone, argued that the Tdap vaccine caused K.N.'s MOGAD through molecular mimicry or bystander activation, citing literature linking vaccines to similar acute demyelinating injuries like ADEM and ON, and noting that MOGAD is a recently defined entity potentially misdiagnosed as ADEM in the past. Respondent's expert, Dr. Marc Bouffard, contended that there was insufficient evidence to link vaccines to MOGAD and that MOGAD is not interchangeable with other demyelinating conditions. Chief Special Master Brian H. Corcoran found that Petitioner met the Althen prongs, establishing a medically acceptable theory (Tdap can cause MOGAD), a logical sequence of cause and effect (symptoms began within weeks of vaccination and progressed consistent with MOGAD), and a proximate temporal relationship (onset within three weeks of vaccination). The Special Master ruled that Petitioner was entitled to compensation. Damages were awarded on August 3, 2023, totaling $194,139.19 ($190,000.00 for pain and suffering, $2,190.00 for future unreimbursed expenses, and $1,949.19 for past unreimbursed expenses). Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Mollie Gorney, later Naseem Kourosh. Chief Special Master Corcoran issued the entitlement ruling, and Judge Marian Blank Horn later addressed redaction requests.