K.A. v. HHS - MMR, encephalopathy, encephalitis, and audio neuropathy (2022)

On July 5, 2019, Tiffany Adams, proceeding pro se, filed a petition on behalf of her minor child, K.A., alleging that the Varicella, MMR, Hepatitis A, Hib, DTaP, and Prevnar vaccines administered on July 11, 2016, caused or significantly aggravated encephalopathy, encephalitis, and audio neuropathy. K.A. was born on June 20, 2015, and had a normal newborn screen.

She experienced enteroviral meningitis as a newborn in July 2015, which resolved to baseline. Developmental assessments prior to the vaccinations were generally normal.

Ten days after the July 2016 vaccinations, K.A. was seen for decreased hearing and warmth, and later that day presented to the emergency room with clinginess, subjective fever, hearing loss, and vomiting. Her temperature was recorded at 105.9 degrees Fahrenheit, and she was diagnosed with a viral illness.

Subsequent medical records documented concerns about hearing, speech delay, persistent serous otitis media requiring ear tubes, normal auditory brainstem response testing, enlarged tonsils and adenoids, and an evaluation consistent with Autism Spectrum Disorder and Global Developmental Delay. A VAERS report filed on May 4, 2017, indicated that the DTaP, HIB, Hep A, MMR, Prevnar 13, and VZV caused a "permanent disability," noting that the day after the vaccines, K.A. stopped responding to sounds.

A neurological consultation in July 2017 noted developmental delay and autism spectrum disorder, recommending continued therapy and further studies. An MRI spectroscopy in August 2017 was noted as "normal" overall, though it showed some white matter signal abnormality compatible with gliosis.

A repeat MRI in August 2018 showed stable findings consistent with remote insult and mild delay of white matter myelination. In September 2018, K.A.'s pediatrician noted a medical exemption due to Autism and encephalopathy which "may have been related to vaccines given at 15 months." Correspondence in October 2018 with a physician noted that K.A.'s developmental issues were "neurological in origin and therefore, represent, an encephalopathy," and recommended continued therapies.

K.A.'s genetic testing, including microarray, fragile X, MECP2, and autism panel, was normal. Mitochondrial whole genome sequencing was also negative.

The public decision does not describe K.A.'s counsel's specific withdrawal process beyond stating counsel moved to withdraw and that petitioner proceeded pro se. Special Master Daniel T.

Horner dismissed the petition on April 26, 2022. The Special Master found no Table encephalopathy or encephalitis because K.A. did not have an altered level of consciousness, no doctor diagnosed her with acute encephalopathy, and there was no evidence of brain inflammation.

The Special Master also found that the medical records did not present a medical theory causally connecting the vaccinations to the alleged injuries, nor a logical sequence of cause and effect. The decision noted that while some treating physicians referenced prior vaccinations or expressed suspicion of a possible vaccine-related encephalopathy, none causally attributed the vaccinations as the cause of the claimed injuries.

The Special Master further noted that K.A.'s treating physicians alternatively diagnosed her with autism, and her medical records reflected ongoing evaluation and treatment for the same. The decision referenced prior litigation denying entitlement in cases alleging vaccine-related autism.

The Special Master also dismissed the petition for failure to prosecute, noting that petitioner had been given ample opportunity, over 22 months, to provide an expert opinion supporting her claim but failed to do so. Despite being ordered to file an expert report in June 2020, and later given a final 90-day period after proceeding pro se to file an expert opinion or a written brief, petitioner did not comply or respond.

The Special Master concluded that petitioner's failure to produce an expert report and failure to respond to the Order to Show Cause constituted a failure to prosecute. No compensation was awarded.