Sierra Frantz v. HHS - Tdap, multiple sclerosis (2019)

Sierra Frantz, a twelve-year-old, filed a petition on March 3, 2013, alleging that the Tdap and hepatitis A vaccinations she received on August 6, 2010, caused her to develop multiple sclerosis (MS). The respondent, the Secretary of Health and Human Services, recommended against compensation, arguing that Ms.

Frantz had not offered a medical theory connecting her symptoms to the vaccinations and that the temporal connection between the vaccines and symptom onset was insufficient to establish causation. Ms.

Frantz's expert, Dr. Carlo Tornatore, opined in a November 25, 2014 report that she likely suffered from acute disseminated encephalomyelitis (ADEM) that could have begun exhibiting symptoms as early as two days post-vaccination and ultimately developed into MS.

The Special Master, Christian J. Moran, held an entitlement hearing from September 27-29, 2017.

Following the hearing, Special Master Moran issued a bench ruling on September 29, 2017, finding that the evidence supported the respondent's position that Ms. Frantz's pre-clinical MS predated her vaccinations.

He cited a 2003 article by Cotton et al. and a similar case, W.C. v. Sec’y of Health & Human Servs., to support his finding that Ms.

Frantz had at least one lesion in her brain that likely existed before the vaccinations, meaning the vaccines could not have caused her condition. Ms.

Frantz was therefore not awarded compensation. Special Master Moran memorialized this decision in writing on October 3, 2017.

Ms. Frantz did not file a motion for review of this entitlement decision, and judgment was entered on November 6, 2017.

Subsequently, Ms. Frantz sought attorneys' fees and costs, requesting $326,914.44, later amended to $352,451.91.

Special Master Moran awarded partial fees and costs totaling $135,187.59 on June 24, 2019. This award was based on the determination of the time period during which Ms.

Frantz had a reasonable basis for her claim and the actual value of the work. The Special Master determined that the reasonable basis for the claim ended when Dr.

Tornatore failed to address respondent's expert, Dr. Subramaniam Sriram's, findings regarding the timeline of Ms.

Frantz's lesions and instead questioned MRI techniques. The Special Master also reduced Dr.

Tornatore's hourly rate from $400 to $250, finding his work was not commensurate with the higher rate. Ms.

Frantz filed a motion for review of the fee award on July 24, 2019. Respondent filed its response on August 22, 2019.

Senior Judge Loren A. Smith reviewed the decision.

In an opinion and order issued on December 20, 2019, the Court denied Ms. Frantz's motion for review, upholding the Special Master's determination that the reasonable basis for her claim ended when her causation theory was discredited by evidence of pre-existing lesions.

The Court found the Special Master's decision regarding the reasonable basis for the claim and the reduction of the expert's hourly rate to be neither arbitrary, capricious, nor contrary to law. The public decision was originally filed on October 3, 2017, and the opinion and order on review was reissued on December 20, 2019.

Petitioner's counsel was Conway Homer, P.C. Respondent's counsel included Daniel Principato and Debra A.

Filteau Begley. Special Master Christian J.

Moran issued the initial decision, and Senior Judge Loren A. Smith issued the opinion on review.