Ryan Farrell v. HHS - Tdap, neuromyelitis optica (NMO) (2025)
Case summary [AI summaries can sometimes make mistakes]
On February 26, 2019, Ryan Farrell filed a petition alleging that a Tdap vaccine administered on February 15, 2017 caused neuromyelitis optica. He was a 41-year-old electric lineman who received the vaccine after cutting his finger at work.
About three weeks later, after a flu-like illness, Mr. Farrell developed left-eye vision loss, urinary difficulty, and lower-extremity numbness and tingling.
Imaging showed optic nerve and spinal cord involvement, and he was diagnosed with likely neuromyelitis optica. His treatment course included steroids and later Rituxan.
The case included an expert hearing and extensive competing evidence about immune triggering and relapse/onset timing. Petitioner relied on treating neurologists including Dr.
Salvatore Napoli and Dr. Michael Levy, while respondent relied on experts including Dr.
He and Dr. Cohen.
The entitlement ruling credited petitioner's theory that Tdap could trigger NMO in this clinical setting. On December 10, 2025, the court awarded $210,000.00 as interim compensation for pain, suffering, and emotional distress through September 1, 2025, with additional future compensation issues left open.
Theory of causation
Tdap vaccine February 15, 2017 at age 41 causing NMO. COMPENSATED. Onset about 21 days later with left eye vision loss, urinary difficulty, and lower-extremity numbness/tingling after flu-like illness; optic nerve and spinal cord imaging supported likely NMO; treated with steroids/Rituxan. Petitioner experts/treaters Dr. Salvatore Napoli and Dr. Michael Levy; respondent experts included Dr. He and Dr. Cohen. Entitlement July 29, 2025; interim damages December 10, 2025. Award $210,000.00 interim pain/suffering/emotional distress through September 1, 2025. Petition filed February 26, 2019.
Source PDFs
USCOURTS-cofc-1_19-vv-00301