R.M. v. HHS - MMR, transverse myelitis (2024)

On March 7, 2019, David McBane, on behalf of R.M., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that R.M. developed transverse myelitis as a result of receiving the DTaP-IPV (Kinrix) vaccine and the MMRV (ProQuad) vaccine on March 9, 2016.

Petitioner's counsel was Mark T. Sadaka.

Respondent was the Secretary of Health and Human Services, represented by Meghan Murphy. Special Master Thomas L.

Gowen presided over the case. Petitioner's expert, Dr.

Alberto Martinez-Arizala, proposed a theory of molecular mimicry, suggesting that the vaccines triggered an autoimmune response leading to transverse myelitis. Dr.

Martinez-Arizala opined that an onset of symptoms approximately 67 days after vaccination was medically acceptable, citing various case reports and studies. Respondent's expert, Dr.

Timothy E. Lotze, agreed that R.M. had transverse myelitis but disagreed that it was related to the vaccinations, stating the onset was 9 weeks and 6 days after vaccination, which he considered too long to establish causation.

Dr. Lotze also noted that the Institute of Medicine had concluded that evidence is insufficient to link these vaccines to transverse myelitis.

The medical records indicated that R.M. was first taken to the emergency department on May 16, 2016, presenting with leg pain and inability to bear weight, progressing to flaccid paralysis. An MRI confirmed transverse myelitis.

The medical records indicated R.M. was last seen walking on the evening of May 16, 2016, prior to his emergency room visit. This timeline was noted to be somewhat inconsistent with the affidavit provided by R.M.'s mother, Ms.

Brenlee McBane, regarding the events leading up to his symptoms. The Special Master found that while the theory of molecular mimicry was accepted, the petitioner failed to establish a proximate temporal relationship between the vaccination and the onset of R.M.'s transverse myelitis.

The medical literature cited by the petitioner for a 67-day onset was found unpersuasive, as it either referenced different vaccines or showed much shorter onset times for the vaccines R.M. received. The Special Master concluded that the petitioner had not provided preponderant evidence to satisfy the third prong of the Althen test.

Therefore, R.M.'s petition was dismissed. The decision was issued on April 8, 2024.