C.L. v. HHS - DTaP, transverse myelitis (2025)
Case summary [AI summaries can sometimes make mistakes]
On May 6, 2021, Marlena and Jeffrey Lloyd filed a petition on behalf of their infant daughter, C.L. She was born on June 7, 2020 and was about four months old when she received DTaP, Hib, IPV, pneumococcal conjugate, and rotavirus vaccines on October 7, 2020.
She had tolerated her two-month vaccines without complication and was described as well developed and well nourished at the October visit. Nineteen days later, on October 26, 2020, daycare reported that C.L. was unusually fussy, refused her bottle, and was not moving normally.
Her pediatrician found her severely ill, crying, lethargic, and with a sunken fontanel, and sent her to the emergency department. Hospital records soon documented a devastating neurologic picture: little or no movement in her arms and hands, sensory changes, and MRI abnormalities extending through the cervical and upper thoracic spinal cord.
Her course worsened with respiratory difficulty requiring intubation. Treaters considered transverse myelitis and acute flaccid myelitis, while testing showed rhinovirus/enterovirus and adenovirus.
She received IVIG, steroids at different points, ventilatory support, tracheostomy, and months of rehabilitation. C.L. gradually improved.
By discharge from inpatient rehabilitation in March 2021 she had made substantial progress, and later follow-up described army crawling, improved posture and sensation, ventilator weaning, and resolution of definite cord signal on later MRI, though she continued neurologic follow-up and therapies. Petitioners' expert, pediatric neurologist Dr.
Daniel J. Bonthius, argued that the vaccines triggered immune-mediated transverse myelitis through molecular mimicry and related mechanisms, with the 19-day interval fitting the theory.
Respondent's expert, pediatric neurologist Dr. Matthew Elrick, agreed that C.L. had transverse myelitis but pointed to the much closer viral illness and positive respiratory testing as the more plausible trigger.
Chief Special Master Brian H. Corcoran denied entitlement on September 29, 2025.
He found that petitioners had not proved a logical sequence of cause and effect under Althen prong two. The ruling emphasized the absence of symptoms during the 19-day post-vaccine interval, the active viral findings close to onset, and the lack of treating-physician support for vaccine causation.
No compensation was awarded.
Theory of causation
DTaP, Hib, IPV, pneumococcal conjugate, and rotavirus vaccines, October 7, 2020, minor C.L. born June 7, 2020 (about 4 months old), alleged transverse myelitis/acute flaccid myelitis beginning October 26, 2020 (19 days). DENIED. Petitioners' expert Dr. Daniel J. Bonthius proposed vaccine-triggered immune-mediated TM via molecular mimicry and related mechanisms, with 2-4 week timing. Respondent expert Dr. Matthew J. Elrick agreed TM but argued vaccines were not shown causal and that adenovirus/rhinovirus/enterovirus infection was a closer, more likely trigger. Key evidence: sudden daycare fussiness/refusal to feed, lethargy, loss of upper-extremity movement, C2-T5 cord signal, respiratory failure/intubation, positive viral panel, IVIG/steroids, tracheostomy, rehab, and substantial improvement with residual neurologic deficits. Chief Special Master Corcoran denied on Althen prong two because viral illness was closer to onset and no treating physician linked vaccines. Decision September 29, 2025. Attorney Ronald Homer; respondent Alec Saxe.
Source PDFs
USCOURTS-cofc-1_21-vv-01332