Heather McCummings v. HHS - IPV/Polio, transverse myelitis (1992)

On September 10, 1990, petitioner Heather McCummings filed a claim under the National Childhood Vaccine Injury Act on behalf of her daughter, Heather McCummings, who was born on July 21, 1980. Heather received her first DPT and oral polio vaccine (OPV) vaccinations on September 23, 1980.

She received her second set of DPT and OPV vaccinations on February 16, 1981. Five days later, on February 21, 1981, petitioner observed that Heather could not move her legs or sit up.

Heather was admitted to Hartford Memorial Hospital on February 23, 1981, with a diagnosis of probable transverse myelitis. Dr.

Douglas Abbott suspected transverse myelitis secondary to the vaccinations and recommended transfer to the University of Maryland Hospital. At the hospital, Dr.

Margaret Rennels noted Heather had a runny nose and a temperature of 100 degrees Fahrenheit five days prior, and that the timing of the vaccines was concerning. She also noted that other possibilities included Guillain-Barre syndrome or transverse myelitis associated with infection, and recommended serologic tests for several viruses.

Dr. Maria Gumbinas diagnosed transverse myelitis, noting it was temporally related to the vaccines but ruling out direct viral infection.

An immunological workup was normal, and Dr. Rennels noted it would likely be impossible to determine the etiology or vaccine relationship.

Dr. Huang, a pediatric immunologist, also considered the close timing prudent for suspecting a vaccine relationship but noted a UCLA study of 3000 DPT/DT vaccinations did not report any cases of paralysis.

Heather underwent two surgeries and was left with decreased right foot and ankle movement and the need for urinary self-catheterization. Petitioner's expert, pediatric neurologist Dr.

Shlomo Shinnar, testified that it was more likely than not that the immunizations caused Heather's transverse myelitis, relying on the timing, the rarity of the condition in young children, and analogies to other vaccine-associated transverse myelitis reports, specifically citing a case study in the British Medical Journal. Respondent's expert, neurologist and pediatrician Dr.

William Robertson, agreed with the diagnosis of transverse myelitis but opined it was caused by a viral infection, citing Heather's runny nose and low-grade fever. Dr.

Robertson noted that while no scientific evidence directly supports a viral cause, viral infections can occur concomitantly with transverse myelitis. He also disputed the reliance on the British Medical Journal article, stating the authors only proposed an association, not causation, and that the infant in the case may have had a prior or concurrent viral infection.

Chief Special Master Gary Golkiewicz denied entitlement on July 10, 1992, finding Dr. Shinnar's theory insufficiently supported by reliable medical explanation and that the temporal association alone was not enough to establish causation.

Judge Robinson affirmed the Chief Special Master's decision on December 23, 1992, finding the decision was not arbitrary or capricious and that the Chief Special Master properly weighed the evidence and applied the correct burden of proof. No compensation was awarded.