A.P. v. HHS - MMR, Pediatric Acute Neuropsychiatric Syndrome (PANS) (2024)

On September 6, 2018, Lori Phelan, on behalf of her minor child A.P., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.P. suffered from Pediatric Acute Neuropsychiatric Syndrome (PANS) as a result of receiving the measles-mumps-rubella (MMR) vaccination on September 10, 2015.

The respondent argued that the case was not appropriate for compensation under the Vaccine Act. The Special Master, Nora Beth Dorsey, found that the petitioner failed to provide preponderant evidence that the MMR vaccination caused A.P. to develop PANS, and therefore dismissed the petition.

The primary issues in dispute were A.P.'s diagnosis and the causation of her alleged injury. Petitioner's expert, Dr.

Marcel Kinsbourne, opined that A.P. had PANS and that the MMR vaccine caused it, citing a familial predisposition and the timing of onset. However, Dr.

Kinsbourne conceded that there was no known mechanistic theory for how vaccines cause PANS and that the science regarding PANS being autoimmune was not available. Respondent's expert, Dr.

Donald L. Gilbert, opined that A.P. did not have PANS and suffered from an anxiety disorder, citing normal diagnostic tests and the lack of objective evidence of inflammation.

Dr. Gilbert also stated there was no scientific basis linking vaccines to PANS.

The Special Master found that A.P.'s medical records did not support a PANS diagnosis, with treating physicians not attributing her behavioral issues to the vaccination. Furthermore, the onset of severe symptoms occurred more than six months after vaccination, exceeding the medically acceptable timeframe for vaccine causation.

The Special Master concluded that the petitioner failed to establish a prima facie case for causation and dismissed the petition. Petitioner was represented by Curtis R.

Webb, and Respondent was represented by Jennifer A. Shah.