George Dominguez v. HHS - tetanus-diphtheria-acellular pertussis, Wegener’s granulomatosis (2018)

George Dominguez filed a petition on June 14, 2012, alleging that a tetanus-diphtheria-acellular pertussis (TDaP) vaccination he received on August 31, 2011 caused him to develop Wegener's granulomatosis, or alternatively, significantly aggravated his condition. This was a contested case.

Respondent filed a Rule 4 report in May 2013 concluding that compensation was not appropriate, citing the absence of a medical theory connecting the TDaP vaccine to Wegener's granulomatosis and the lack of any treating physician endorsing such a connection. Petitioner's initial counsel withdrew in January 2015; current counsel entered an appearance in March 2015.

Petitioner submitted expert reports co-authored by Dr. Judy A.

Mikovits and Dr. Francis W.

Ruscetti, theorizing that the vaccine triggered a cytokine and chemokine storm leading to Wegener's granulomatosis. Respondent's expert, Dr.

Thomas Forsthuber, responded that the cited articles did not support the theory and that the causes of Wegener's granulomatosis are unknown. In March 2018, after Special Master Moran identified weak aspects of petitioner's case and the disparity in credentials between the parties' experts, petitioner moved for a decision dismissing his own petition, acknowledging he was unable to prove entitlement to compensation and that dismissal would end all of his rights in the Vaccine Program.

Special Master Moran denied compensation on April 2, 2018, finding that the medical records did not support a Table injury and that the medical opinion offered on petitioner's behalf was not persuasive. Separately, Special Master Moran had awarded $75,011.50 in interim attorneys' fees and costs; Judge Kaplan of the Court of Federal Claims remanded that award in March 2018, finding the special master had abused his discretion by failing to conduct an independent review of whether the fees were reasonable before making the award.