Jessica Davis parent of C.D., a minor v. HHS - DTaP, transverse myelitis (2023)

Jessica Davis, on behalf of her minor daughter C.D., filed a claim alleging that C.D. suffered transverse myelitis (TM) after receiving multiple vaccines, including Pediarix (DtaP, Hep B, IPV), pneumococcal, and rotavirus vaccines on January 13, 2017. The initial petition was filed on March 18, 2019.

Over the course of the litigation, there was uncertainty regarding C.D.'s diagnosis, with experts disagreeing whether she had TM, multiple sclerosis, acute disseminated encephalomyelitis (ADEM), or acute flaccid myelitis (AFM) secondary to an upper respiratory infection. The Special Master noted that the petitioner's own expert opined the diagnosis was ADEM, while the respondent's expert suggested AFM.

The Special Master also highlighted that C.D. had an intervening viral illness around the time of her neurological symptoms. Ultimately, the Special Master found insufficient evidence to prove that the vaccinations caused C.D.'s condition, explaining that it would be difficult to demonstrate causation given the diagnostic uncertainties and the intervening viral illness.

Consequently, on April 19, 2022, the petition was dismissed for insufficient proof. Later, on May 1, 2023, the court awarded $81,423.09 in attorneys' fees and costs, finding the petition was filed in good faith and with a reasonable basis, despite the ultimate dismissal.