Gerald Leonardi, III v. HHS - Tdap, seizure disorder (2014)
Case summary [AI summaries can sometimes make mistakes]
Gerald Leonardi, III, filed a petition on September 11, 2013, alleging that a Tdap vaccination he received on October 14, 2010, caused a seizure disorder. He initially claimed the onset of symptoms occurred approximately one week after the vaccination.
However, his medical records consistently indicated that his first documented syncopal event, described as dizziness followed by unconsciousness and confusion, occurred around December 7, 2010, approximately eight weeks after the vaccination. Petitioner's expert, neurologist Dr.
Svetlana Blitshteyn, initially provided a report supporting causation based on the one-week onset alleged in affidavits. During subsequent proceedings, the Special Master inquired whether Dr.
Blitshteyn would still support causation if the onset was assumed to be eight weeks, as documented in the medical records. In a supplemental report, Dr.
Blitshteyn stated that an eight-week onset would be "less compatible with vaccination-related seizure disorder" and that she would "prefer not to offer an opinion connecting Petitioner’s seizures to the Tdap vaccination." Following Dr. Blitshteyn's revised opinion, petitioner's counsel orally moved to dismiss the case during a status conference on March 13, 2014.
Special Master Laura D. Millman granted the motion, dismissing the petition.
The medical records indicated that petitioner, born November 19, 1985, received a Tdap vaccine on October 14, 2010. His first reported syncopal event occurred around December 7, 2010, with subsequent medical evaluations by Dr.
Allan Wohl, Dr. Craig Frankil, Dr.
Bakhshish S. Sandhu, Dr.
Robert Quinby, and Dr. Jay Klazmer documenting episodes consistent with syncope or seizures, with onset approximately eight weeks after the vaccination.
An EEG performed by Dr. Klazmer showed generalized theta slowing without focal or epileptiform features.
Dr. Klazmer diagnosed either convulsive syncope or recurrent seizures.
The Special Master found that petitioner failed to establish the necessary prongs of causation under Althen v. Secretary of HHS, specifically lacking medical records or expert support for an eight-week causal link between the Tdap vaccine and seizure disorder.
A subsequent decision on June 4, 2014, awarded $18,029.46 in attorneys' fees and costs based on a stipulation of fact between the parties, payable jointly to the petitioner and his counsel, Jeffrey S. Pop & Associates.
Theory of causation
Petitioner Gerald Leonardi, III, received a Tdap vaccine on October 14, 2010, and alleged it caused a seizure disorder with onset approximately one week later. Medical records, however, indicated an onset of symptoms around December 7, 2010, approximately eight weeks post-vaccination. Petitioner's expert, Dr. Svetlana Blitshteyn, initially supported causation based on the alleged one-week onset but, upon considering the eight-week onset documented in medical records, stated it was "less compatible with vaccination-related seizure disorder" and preferred not to offer an opinion on causation. The Special Master, Laura D. Millman, found that without medical records or expert support for an eight-week causal link, petitioner failed to establish the required prongs of causation under Althen v. Secretary of HHS. The case was dismissed on March 13, 2014. Attorneys' fees and costs totaling $18,029.46 were awarded on June 4, 2014, based on a stipulation of fact. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Ryan D. Pyles.
Source PDFs
USCOURTS-cofc-1_13-vv-00668