Zohreh Gerami v. HHS - DPT, skin irritation, rash, insomnia, cellulitis, and anxiety (2014)

Zohreh Gerami, a 61-year-old woman, received a DPT vaccine on November 27, 2011. She alleged that the vaccine caused skin irritation, a rash, insomnia, cellulitis, and anxiety.

Three days after vaccination, she presented to the emergency room with right arm pain and redness, diagnosed as cellulitis. Her medical records also noted anxiety both before and after the vaccination.

Ms. Gerami filed a petition for compensation under the National Childhood Vaccine Injury Act, alleging an off-table injury.

The primary issue was whether her alleged injuries persisted for more than six months, a requirement for compensation. The Special Master dismissed her petition, finding insufficient evidence that the residual effects of her injuries lasted longer than six months.

Contemporaneous medical records showed symptoms up to February 15, 2012 (less than three months post-vaccination), and later medical notes did not mention lingering vaccine-related symptoms. A letter from her treating physician, Dr.

Naimi, stated the symptoms persisted for over six months, but the Special Master found this letter unpersuasive as it lacked citation to medical records and contradicted contemporaneous documentation. Ms.

Gerami's petition for review of this decision was denied by the Court of Federal Claims, which affirmed the Special Master's ruling. The court found that Ms.

Gerami failed to demonstrate by a preponderance of the evidence that her alleged vaccine-related injuries persisted for more than six months, and that new evidence submitted with the motion for review could not be considered. Therefore, her petition was denied on the merits.

Separately, a decision on attorneys' fees and costs awarded $9,150.00 in fees and $661.02 in costs, as respondent did not object, even though compensation was denied.