Robert Joseph Gardner v. HHS - Influenza, significant aggravation of multiple sclerosis (MS) and/or acute disseminated encephalomyelitis (ADEM) (2024)

Robert Joseph Gardner, a 37-year-old man, received an influenza vaccine on December 1, 2014. He alleged that this vaccine caused or significantly aggravated his multiple sclerosis (MS), leading to a severe, tumefactive form of the disease, or alternatively, caused acute disseminated encephalomyelitis (ADEM).

Prior to the vaccination, Mr. Gardner had a history of optic neuritis in June 2014 and likely had undiagnosed MS, though his symptoms were mild, primarily consisting of intermittent tingling in his left leg and some word-finding difficulties.

Within days of the vaccination, his condition rapidly worsened, progressing from flu-like symptoms to severe neurological deficits including paralysis of his right leg, cognitive impairment, and loss of bowel and bladder control. Medical imaging revealed significant, enhancing lesions in his brain and spinal cord, consistent with active demyelination.

The court found that Mr. Gardner presented sufficient evidence to establish a significant aggravation of his pre-existing MS, supported by the opinions of his treating neurologist, Dr.

Foley, and neuroimmunologist, Dr. Steinman.

They proposed a theory of molecular mimicry and recall response, suggesting the vaccine acted as an antigenic stimulus that exacerbated his MS, particularly given the rapid onset of severe symptoms and imaging findings. While respondent's experts contested the theory and timeline, the court found the petitioner's evidence more persuasive, particularly the treating physician's detailed analysis.

The court concluded that the vaccine was more likely than not the reason for the significant aggravation of his MS, establishing a logical sequence of cause and effect and a medically acceptable temporal relationship. Entitlement was granted, and the case was proceeding to damages.