Noteel Koss v. HHS - Tdap, Sweet's Syndrome (2014)

Noteel Koss filed a petition on April 5, 2013, alleging that seven vaccinations she received on April 16, 2010 — Twinrix (hepatitis A and B), tetanus-diphtheria-acellular pertussis (Tdap), Menactra (meningococcal), inactivated polio (IPV), typhoid, and yellow fever — caused her to develop Sweet's syndrome (acute febrile neutrophilic dermatosis). Respondent concluded that petitioner had not offered a reputable theory of causation and that medical records showed a pre-existing history of cold sores and a similar rash.

After multiple extensions to obtain an expert report, petitioner was unable to retain an expert and filed a motion for a ruling on the record in June 2014. Special Master Moran denied compensation on July 14, 2014, finding that petitioner had not established a Table injury and had failed to demonstrate by preponderant evidence that any of her vaccines caused her Sweet's syndrome.

Special Master Moran subsequently awarded attorneys' fees and costs of $9,893.35 jointly to petitioner and her counsel, Sean F. Greenwood, and $530.16 to petitioner for personally incurred out-of-pocket costs, finding the petition was filed in good faith with a reasonable basis.