C.R. v. HHS - DTaP, juvenile dermatomyositis (2020)

On April 9, 2013, William and Brenda Rodriguez, as parents and natural guardians of their minor son C.R., filed a petition under the National Vaccine Injury Compensation Program. They alleged that C.R., who was four years old, developed juvenile dermatomyositis (JDM) as a result of DTaP, MMR, Polio, and Varicella vaccinations received on August 30, 2011.

Petitioners claimed that C.R. experienced symptoms including headache, fever, and vomiting shortly after the vaccinations, followed by a rash on his knuckles that spread to his elbows and knees. Over the following months, C.R. exhibited increasing fatigue, weakness, and a persistent rash, leading to a diagnosis of JDM by a rheumatologist in January 2012.

The case proceeded as an off-Table claim, requiring petitioners to prove causation. Petitioners presented expert testimony from Dr.

Eric M. Gershwin and medical literature to support their theory that vaccines can trigger autoimmune responses like JDM in genetically susceptible individuals.

Respondent presented expert testimony from Dr. Carlos D.

Rose, who initially suggested an infection as a potential alternative cause. After an entitlement hearing, Special Master Mindy Michaels Roth issued a ruling on October 26, 2017, finding that petitioners had met their burden of proof by a preponderance of the evidence, establishing that the vaccinations caused C.R.'s JDM.

The case then proceeded to damages. On February 18, 2020, Special Master Roth issued a decision awarding compensation based on a stipulation and proffer filed by the parties.

The award included a lump sum payment of $99,204.68 for pain and suffering and first-year life care expenses, a lump sum of $51,188.03 to satisfy a Medicaid lien, and an amount sufficient to purchase an annuity for future life care expenses. The total award was $150,392.68, with future expenses to be covered by an annuity with a 5% annual growth rate for medical items.

Petitioner counsel was Mark T. Sadaka, Esq., and respondent counsel was Linda S.

Renzi, Esq. The Special Master for the entitlement decision was Mindy Michaels Roth, and for the damages decision was also Mindy Michaels Roth.