Naila Hanif v. HHS - Meningococcal, transverse myelitis (2022)
Case summary [AI summaries can sometimes make mistakes]
Naila Hanif filed a petition on March 11, 2019, alleging that she suffered transverse myelitis (TM) as a result of a meningococcal conjugate vaccination she received on January 5, 2017. At the time of vaccination, Ms.
Hanif was 40 years old. Petitioner sought compensation under the National Vaccine Injury Program.
Respondent, the Secretary of Health and Human Services, filed a report on March 2, 2020, arguing against compensation, stating the case was not appropriate for compensation under the Act. Special Master Nora Beth Dorsey ultimately dismissed the case on June 7, 2022, for failure to prosecute and insufficient proof.
Petitioner faced significant challenges in obtaining medical records from Saudi Arabia, where she received treatment. Despite multiple extensions and a stay of proceedings, Petitioner failed to provide sufficient evidence to support her diagnosis of TM or to establish causation.
Medical records and evaluations from various physicians, including neurologists and an infectious disease specialist, did not consistently support a diagnosis of TM. Some physicians questioned the diagnosis, suggesting alternative possibilities like Guillain-Barré syndrome or acute disseminated encephalomyelitis, but these were not clearly established or temporally linked to the vaccination.
The Special Master found that the Petitioner had not provided preponderant evidence of a vaccine-related injury, as the MRI studies did not support TM, and treating neurologists did not diagnose TM after evaluation. Petitioner was represented by Bridget C.
McCullough of Muller Brazil, LLP, and Respondent was represented by Debra Begley of the U.S. Department of Justice.
No award amount was granted as the case was dismissed.
Source PDFs
USCOURTS-cofc-1_19-vv-00367