Kelly Justice v. HHS - Influenza, multiple sclerosis (claim alleged acute disseminated encephalomyelitis) (2026)

On August 15, 2022, Kelly Justice, then 37, filed a petition alleging that an influenza vaccine administered on September 9, 2019 caused acute disseminated encephalomyelitis. Her first documented neurologic symptoms began about October 28, 2019, when she developed right leg numbness.

Ms. Justice was hospitalized in November 2019 and treated with IV Solu-Medrol while physicians considered ADEM, multiple sclerosis, and neuromyelitis optica spectrum disorder.

Later records from Dr. Emily Harrington and an Ohio State neuroimmunology group increasingly favored multiple sclerosis: she had thoracic cord and brain lesions, oligoclonal bands, and negative AQP4 testing, with imaging considered atypical for NMO.

Petitioner's neurologist, Dr. John Hixson, advanced a molecular mimicry theory tying the flu vaccine to ADEM.

Respondent's experts, including neurologist Dr. Dara Jamieson and immunologist Dr.

You-Wen He, disputed the diagnosis and causation. Special Master Christian J.

Moran found that the better-supported diagnosis was multiple sclerosis, not ADEM. Because petitioner had not proven the injury she alleged and had not offered a medical theory that influenza vaccine can cause MS, entitlement was denied on January 29, 2026.