Vahan Eloyan v. HHS - Tdap, claimed transverse myelitis; cervical spondylotic myelopathy found more likely (2025)
Case summary [AI summaries can sometimes make mistakes]
On September 21, 2018, Vahan Eloyan filed a petition alleging that influenza and Tdap vaccines administered on December 14, 2015 caused transverse myelitis. Before vaccination he had cerebral palsy and diabetes.
After vaccination, he developed spinal-cord symptoms and was diagnosed by some providers with transverse myelitis, but respondent disputed that diagnosis. Special Master Katherine E.
Oler found respondent's experts more persuasive. At the entitlement hearing, she concluded that the record supported cervical spondylotic myelopathy rather than transverse myelitis.
The ruling emphasized that Mr. Eloyan had not ruled out cord compression, had not shown that his condition reached its nadir within the timing required for an acute transverse myelitis diagnosis, and had not shown that three oligoclonal bands in cerebrospinal fluid were diagnostic of transverse myelitis.
The petition was dismissed on November 17, 2023. Mr.
Eloyan later sought relief from judgment, arguing that his prior attorney's representation and the special master's view of the evidence had affected the result. Special Master Jennifer A.
Shah denied Rule 60(b) relief on July 8, 2024. Mr.
Eloyan, then proceeding pro se, sought review in the Court of Federal Claims. Judge David A.
Tapp denied review on September 11, 2025, holding that Special Master Shah had not abused her discretion. No injury compensation was awarded.
A separate fee/cost award in the record related to litigation expenses only.
Theory of causation
Adult petitioner; influenza and Tdap vaccines December 14, 2015; claimed transverse myelitis. DENIED/DISMISSED. Respondent disputed TM and argued cervical spondylotic myelopathy/cord compression. SM Katherine E. Oler credited respondent's experts, finding no proven TM diagnosis, no exclusion of compressive myelopathy, no required nadir timing, and CSF oligoclonal bands not diagnostic. SM Jennifer A. Shah denied Rule 60(b) relief; Judge David A. Tapp denied review September 11, 2025. Petition filed September 21, 2018. No injury award; fee award was litigation fees only.