Alessandra Giannetta v. HHS - Meningococcal, multiple sclerosis (2017)

Filed 2013-03-26Decided 2017-09-01Vaccine Meningococcal
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

On March 26, 2013, Sandro and Nancy Giannetta filed a petition for compensation on behalf of their then-minor child, Alessandra Giannetta, alleging that a meningococcal vaccination received on June 8, 2011, caused her to develop multiple sclerosis (MS). Alessandra Giannetta was 14 and one-half years old at the time of vaccination.

Petitioner's expert, Dr. Lawrence Steinman, proposed a theory of molecular mimicry, suggesting that components of the Menactra vaccine, specifically diphtheria toxoid and meningococcal polysaccharides, could trigger an autoimmune response in susceptible individuals, leading to MS.

Respondent's experts, Dr. Soe Mar and Dr.

Neal Halsey, argued against this theory, citing a lack of epidemiological studies and questioning the relevance of existing research. They attributed petitioner's initial symptoms to musculoskeletal issues or a viral illness.

The court found that petitioner established a plausible medical theory connecting the vaccine to MS through molecular mimicry and demonstrated a logical sequence of cause and effect with a proximate temporal relationship. The court accepted Dr.

Steinman's opinion that the vaccine acted as a trigger for MS in Ms. Giannetta, who may have had a predisposition due to her gender and family history.

The court ruled that the respondent failed to prove an alternative cause for her condition. Consequently, Ms.

Giannetta was found entitled to compensation, and the case proceeded to the damages phase. The Special Master was Mindy Michaels Roth.

Petitioner's counsel included Danielle Strait and Isaiah Kalinowski of Maglio Christopher and Toale, PA. Respondent's counsel included Jennifer Reynaud and Althea Davis of the U.S.

Dept. of Justice. The decision date was September 1, 2017.

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