J.E. v. HHS - Hib, Pervasive Development Disorder (PDD-NOS) and Acute Disseminated Encephalomyelitis (ADEM) (2014)
Case summary [AI summaries can sometimes make mistakes]
On April 30, 2013, Mohamed and Juliet Edoo, parents of J.E., a minor, filed a petition under the National Vaccine Injury Compensation Program. They alleged that J.E. suffered injuries, specifically Pervasive Development Disorder (PDD-NOS) and Acute Disseminated Encephalomyelitis (ADEM), as a result of DTP/HIB and OPV vaccinations received on April 14, 1997, and a subsequent DTP/HIB vaccination on July 7, 1997.
The petition also claimed these vaccinations aggravated an existing neurological condition and possibly an underlying mitochondrial dysfunction. According to the petition, J.E. experienced fever, extreme irritability, poor feeding, unusual sleepiness, decreased consciousness, and loss of eye contact within the first week following the April 14, 1997 vaccinations.
By June 5, 1997, he presented with a prolonged fever of six weeks and a decreased level of consciousness. The petition stated that J.E. was diagnosed with ADEM and PDD-NOS in January 2000, with ADEM symptoms appearing on April 14, 1997.
The petitioners were represented by Walter Samuel Holland. The respondent was the Secretary of Health and Human Services, represented by Linda Sara Renzi.
Special Master Nora Beth Dorsey presided over the case. The case was dismissed on March 19, 2014, for failure to provide sufficient evidence and for failure to prosecute.
The dismissal was based on the petition being filed more than 36 months after the alleged onset of symptoms in 1997, making it untimely. The public decision does not describe the specific medical experts consulted or the detailed clinical progression of J.E.'s condition beyond what is stated in the petition.
Furthermore, the petitioners failed to respond to an Order to Show Cause, despite multiple extensions granted by the court, and failed to communicate with their counsel, indicating a lack of interest in pursuing the claim. A separate decision on August 6, 2014, addressed attorneys' fees and costs.
The parties filed a stipulation agreeing to a total award of $7,100.00 for attorneys' fees and costs, payable jointly to the petitioners and their attorney, W. Sam Holland.
This award was granted by Special Master Nora Beth Dorsey.
Theory of causation
Petitioners alleged that J.E., a minor born October 26, 1996, received DTP/HIB and OPV vaccinations on April 14, 1997, and a DTP/HIB vaccination on July 7, 1997. They claimed these vaccinations caused Pervasive Development Disorder (PDD-NOS) and Acute Disseminated Encephalomyelitis (ADEM), and aggravated an ongoing neurological condition and possibly an underlying mitochondrial dysfunction. Symptoms, including fever, irritability, unusual sleepiness, decreased consciousness, and loss of eye contact, were alleged to have begun within the first week following the April 14, 1997 vaccinations, with ADEM symptoms appearing on April 14, 1997, and a diagnosis of ADEM and PDD-NOS occurring in January 2000. The petition was filed on April 30, 2013. Special Master Nora Beth Dorsey dismissed the case on March 19, 2014, finding the petition untimely filed as the alleged onset of symptoms in 1997 occurred more than 36 months prior to the filing date. The dismissal was also based on failure to provide sufficient evidence and failure to prosecute, as petitioners failed to respond to an Order to Show Cause and communicate with counsel. The public decision does not detail the specific mechanism of injury or name any medical experts. Attorneys for petitioners were Walter Samuel Holland, and for respondent was Linda Sara Renzi. A subsequent stipulation approved by Special Master Dorsey on August 6, 2014, awarded $7,100.00 for attorneys' fees and costs.
Source PDFs
USCOURTS-cofc-1_13-vv-00302