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 July 5, 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.
Theory of causation
Petitioner Naila Hanif, age 40, alleged transverse myelitis (TM) following a meningococcal conjugate vaccination on January 5, 2017. The case was dismissed by Special Master Nora Beth Dorsey on July 5, 2022, for failure to prosecute and insufficient proof. Petitioner encountered difficulties obtaining medical records from Saudi Arabia. The Special Master found that Petitioner failed to provide preponderant evidence of a vaccine-related injury. Multiple MRI studies did not support a diagnosis of TM, showing degenerative disc disease but no abnormalities consistent with TM. Treating neurologists, including Dr. Jagga Alluri, Dr. Daniel Cohen, Dr. Birendra Trivedi, and Dr. Philip Ragone, did not diagnose TM after evaluation, and examinations often revealed no neurological deficits or only mild weakness. Dr. Alluri's EMG showed carpal tunnel syndrome and L5 radiculopathy, but no demyelinating neuropathy. An infectious disease specialist, Dr. Paul Zelenetz, concluded there was no proven diagnosis of TM and suggested prior positive test results might be false positives. Other providers, Dr. Raisa Bakshiyev and Dr. Ragone, suggested alternative diagnoses such as Guillain-Barré syndrome (GBS) or acute disseminated encephalomyelitis (ADEM), but these were not clearly established or temporally linked to the vaccination. The theory of causation was "Off-Table." Petitioner was represented by Bridget C. McCullough and Respondent by Debra Begley. No award was granted.
Source PDFs
USCOURTS-cofc-1_19-vv-00367