Eugene Murray v. HHS - Tdap, transverse myelitis (2022)

Eugene Murray, a 66-year-old man, alleged that the hepatitis B, haemophilus B, and Tdap vaccinations he received on June 14, 2017, caused him to develop transverse myelitis (TM). He had a significant medical history including multiple myeloma, for which he had undergone radiation therapy.

Mr. Murray presented with symptoms including back pain, leg weakness, and tingling, which evolved over several months.

His treating physicians, Dr. Cole-Martin and Dr.

Williams, diagnosed him with TM. However, the Secretary of Health and Human Services argued that Mr.

Murray's symptoms were more consistent with delayed progressive radiation myelopathy (DPRM) resulting from his prior cancer treatment. The Secretary's expert, Dr.

Wilson, highlighted that TM diagnostic criteria require the exclusion of post-radiation causes and that Mr. Murray's symptoms, imaging, CSF studies, and slow progression were more indicative of DPRM.

Mr. Murray's expert, Dr.

Nahm, proposed molecular mimicry as a mechanism linking the vaccine to TM, but did not adequately address the impact of Mr. Murray's radiation therapy.

The court found that Mr. Murray failed to establish by a preponderance of the evidence that he suffered from TM, as his condition did not meet the diagnostic criteria, particularly the exclusion of post-radiation causes and the progression timeline.

The court also noted that the treating physicians who diagnosed TM did not fully consider Mr. Murray's history of radiation therapy.

Consequently, the court dismissed Mr. Murray's petition for compensation.