Stephanie Roche v. HHS - Varicella, transverse myelitis as the initial presentation for multiple sclerosis (2022)

Stephanie Roche alleged that a varicella vaccine she received on June 24, 2017, caused her to develop transverse myelitis, which she presented as the initial manifestation of multiple sclerosis (MS). She reported symptoms of numbness in her feet starting on October 21, 2017, which spread upwards over the following days.

Ms. Roche filed her petition on March 9, 2020.

The respondent, the Secretary of Health and Human Services, accepted her MS diagnosis but disputed causation, noting a lack of linkage between the vaccine and her condition by treating doctors or experts, and questioned the temporal relationship. The Secretary also suggested that prior illnesses might have caused her neurological problems.

Ms. Roche was repeatedly ordered to file an expert report to support her claim, but she failed to do so despite multiple extensions and status conferences.

During one conference, her expert stated he could not offer a favorable opinion without further testing, which Ms. Roche declined.

After Ms. Roche failed to respond to an order to show cause why her case should not be dismissed, the court dismissed the case for insufficient evidence.

No compensation was awarded.