Gary Giannantonio v. HHS - Varicella, acute disseminated encephalomyelitis (ADEM) (2023)

Gary Giannantonio filed a petition on April 4, 2018, on behalf of his daughter, C.G., alleging that a varicella vaccine administered on April 8, 2015, caused her to develop acute disseminated encephalomyelitis (ADEM). C.G., who was eight years old at the time, presented with fever and sore throat, followed by neurological symptoms including vision disturbance, gait disturbance, and altered mental state.

The medical records showed conflicting diagnoses among treating physicians, with initial considerations of ADEM, viral encephalitis, and Miller-Fisher syndrome. Crucially, MRIs of C.G.'s brain were normal, which is a key diagnostic criterion for ADEM.

The Special Master denied compensation, finding that C.G. did not have ADEM, as the evidence did not preponderate in favor of that diagnosis, particularly due to the normal MRIs and lack of clear evidence of central nervous system inflammation. Furthermore, the Special Master concluded that even if ADEM had been diagnosed, the petitioner failed to present a persuasive medical theory causally connecting the varicella vaccine to the condition.

This decision was affirmed on review by the Court of Federal Claims, which found the Special Master's factual determinations to be neither arbitrary nor capricious and noted that the petitioner had waived any challenge to the Althen prong 1 analysis by not properly raising it. Petitioner counsel was Phyllis Widman.

Respondent counsel was Sarah Rifkin and Althea Davis. Special Master was Christian J.

Moran. Chief Judge Elaine D.

Kaplan reviewed the case on appeal.