Justin Fisher v. HHS - DTaP, acute disseminated encephalomyelitis (ADEM) (2024)

Justin Fisher filed a petition on behalf of his minor daughter, A.F., alleging that she developed acute disseminated encephalomyelitis (ADEM) caused by vaccines received on November 3, 2015. The petition was filed on November 2, 2018.

The medical records indicate A.F. received multiple vaccines on November 3, 2015. In the weeks following vaccination, A.F. experienced several illnesses, including an ear infection, nasopharyngitis, herpangina, and tested positive for RSV.

Her ADEM diagnosis was made around December 21, 2015, with symptoms including fever, vomiting, and disconjugate gaze. Petitioner's experts opined that the vaccines caused A.F.'s ADEM, suggesting mechanisms like molecular mimicry.

Respondent's experts and A.F.'s treating physicians opined that A.F.'s ADEM was more likely caused by preceding viral infections, noting that the timing of the infections was closer to the onset of ADEM than the vaccination. The Special Master found that Petitioner failed to establish by a preponderance of the evidence that the vaccines caused A.F.'s ADEM, concluding that the preceding viral illnesses were the more likely cause.

Consequently, the petition was denied.