Moriarty Ex Rel. Moriarty v. Secretary of Health & Human Services
120 Fed. Cl. 102
| Fed. Cl. | 2015Background
- Petitioners seek compensation for off-Table seizure disorder and related cognitive decline after MMR vaccination; petition initially claimed autism but amended to seizures after OAP; eligibility determined under the Vaccine Act and Althen prongs; petition filed Dec 31, 2003 and hearing conducted May 6, 2013; Special Master denied relief Aug 15, 2014; review conducted by Court with oral argument Jan 6, 2015; Eilise Moriarty had seizures starting January 2001 and subsequent developmental delays; ketogenic diet controlled seizures from 2001 onward; expert testimony offered by petitioners’ Dr. Shafrir and respondent’s Dr. MacDonald; court reviewed under “arbitrary and capricious” deferential standard for fact findings and de novo for legal conclusions:
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did petitioners prove a causal link between MMR and Eilise’s condition (Althen prong 1)? | Shafrir theory plausible medical link between vaccine and autoimmune encephalopathy. | No sound reliable medical theory tying MMR to autoimmune encephalopathy; prong 1 not satisfied. | No; Petitions failed to prove a reliable medical theory linking MMR to autoimmune encephalopathy. |
| Did petitioners establish a logical sequence of cause and effect (Althen prong 2)? | Logical sequence inferred from subsequent regression and seizures after vaccination. | No substantiated autoimmune mechanism or direct causal chain; evidence insufficient. | No; no convincing logical sequence tying vaccine to seizures. |
| Was the timing between vaccination and onset of symptoms sufficient to support causation (Althen prong 3)? | Six-day interval supports temporal relationship. | Temporal relation alone insufficient without prongs 1 and 2. | Although timing was modest, prongs 1–2 not met; relief denied. |
Key Cases Cited
- Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005) (establishes the three Althen prongs for off-Table claims)
- Moberly v. Sec’y of Health & Human Servs., 592 F.3d 1315 (Fed. Cir. 2010) (explains burdens and weighing of evidence in Vaccine Act cases)
- Knudsen v. Sec’y of Health & Human Servs., 35 F.3d 543 (Fed. Cir. 1994) (requires a sound and reliable medical explanation for causation)
- Munn v. Sec’y of Health & Human Servs., 970 F.2d 863 (Fed. Cir. 1992) (describes standard of review for Special Master determinations)
- Lampe v. Sec’y of Health & Human Servs., 219 F.3d 1357 (Fed. Cir. 2000) (discusses weighing of evidence and reliability of testimony)