A.Z. v. HHS - Influenza, Opsoclonus Myoclonus Syndrome (OMS) (2024)
Case summary [AI summaries can sometimes make mistakes]
On November 5, 2019, Uriel Zamora and Edna Frias, as parents and natural guardians of their minor child A.Z., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that an influenza vaccine administered on November 30, 2016, and a hepatitis A vaccine administered on December 14, 2016, caused A.Z. to develop Opsoclonus Myoclonus Syndrome (OMS), also known as Opsoclonus Myoclonus Ataxia (OMA).
A.Z. was 19 months old at the time of the influenza vaccination. The respondent, the Secretary of Health and Human Services, argued against compensation.
The parties stipulated that the diagnosis of OMS was not in dispute and that A.Z. received the specified vaccines on the stated dates. The core issues were whether the vaccinations caused A.Z.'s OMS and whether alternative factors unrelated to vaccination caused the condition.
The public decision does not describe A.Z.'s specific symptoms, onset details, or diagnostic tests beyond the final diagnosis of OMS. Petitioners presented expert testimony from Dr.
Marcel Kinsbourne, who opined that the flu vaccine caused or significantly contributed to A.Z.'s OMS by up-regulating his immune system. Respondent presented expert testimony from Dr.
Hayley Gans, who opined that A.Z.'s OMS was entirely explained by a preceding infection, specifically coronavirus and coxsackie virus, and that there was no causal association with the vaccines. Special Master Nora Beth Dorsey found that Petitioners proved by a preponderance of the evidence that the flu vaccination was a substantial contributing factor to A.Z.'s OMS, satisfying the Althen prongs for causation.
The Special Master acknowledged the presence of viral infections but concluded that the vaccine, acting in concert with the infection, triggered the immune dysregulation leading to OMS. Entitlement to compensation was granted, with damages to be determined in a separate order.
Petitioner's counsel was Jeffrey S. Pop.
Respondent's counsel was James Vincent Lopez. The staged damages proffer shows that A.Z. was compensated.
In a decision filed February 21, 2024, Special Master Dorsey awarded $11,382.64 for past unreimbursable expenses and $130,000.00 to purchase an annuity for pain and suffering.
Theory of causation
Influenza vaccine on November 30, 2016, age 19 months, and hepatitis A vaccine on December 14, 2016, followed by opsoclonus myoclonus syndrome/ataxia. COMPENSATED. Petitioners Uriel Zamora and Edna Frias relied on Dr. Marcel Kinsbourne, arguing the flu vaccine substantially contributed to an autoimmune OMS process, possibly with infection acting synergistically. Respondent's Dr. Hayley Gans attributed OMS to preceding coronavirus/coxsackie infections and disputed vaccine association. Special Master Dorsey granted entitlement August 28, 2023. Damages proffer filed February 21, 2024 awarded $11,382.64 expenses plus $130,000 to purchase a pain-and-suffering annuity.