E.M. v. HHS - Influenza, death (2025)

Margarita Zamora Lujano, mother of E.M., filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that her minor child, E.M., suffered an adverse reaction resulting in his death following influenza and Gardasil vaccinations received on April 21, 2023. The petition was filed on October 8, 2024.

The decision addresses a motion for interim attorney's fees and costs. E.M. had a significant prior medical history, including Dandy-Walker Syndrome and congenital heart conditions.

Approximately one month before vaccination, an echocardiogram revealed a moderate-sized aneurysm near a prior surgical repair site, and his family was advised to seek emergency care for severe chest or abdominal pain. On the day of vaccination, E.M. complained of abdominal pain and diarrhea, which had been ongoing for three days.

The day after vaccination, E.M. reportedly became lethargic, hyperventilated, and collapsed. He was pronounced dead shortly after arrival at the hospital.

An amended death certificate listed the cause of death as probable cardiac arrhythmia due to a bicuspid aortic valve with cardiac hypertrophy, with the manner of death listed as natural. The autopsy report noted no inflammation.

The court denied the motion for interim fees, finding that the petitioner had not yet established a reasonable basis for her claim. The court noted that the available evidence, including the petitioner's affidavit and a VAERS report, was insufficient to infer causation, especially in light of E.M.'s significant pre-existing cardiac conditions and the autopsy findings.

The court acknowledged that the case could progress if further evidence establishing a reasonable basis were provided.