Rhone DePena v. HHS - MMR, severe pneumonia (2017)

On September 12, 2013, Bo and Natalie DePena, as legal representatives of their minor son Rhone DePena, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. They alleged that Rhone, who was seven years old, developed severe pneumonia caused by pneumococcus as a result of receiving a second dose of the Measles-Mumps-Rubella (MMR) vaccine on September 15, 2010.

The petitioners' theory, supported by pediatric pulmonologist Dr. Boris Lokshin, was that the MMR vaccine weakened Rhone's immune system, specifically by suppressing T cells, making him susceptible to the pneumococcal infection.

The respondent, the Secretary of Health and Human Services, disagreed, presenting the views of pediatric immunologist Dr. Neil D.

Romberg. Dr.

Romberg argued that the MMR vaccine does not affect the part of the immune system responsible for responding to pneumococcal infections and that T cells are not essential for fighting such infections. Following an evidentiary hearing and post-hearing submissions, Special Master Christian J.

Moran issued a decision on February 22, 2017, denying compensation. The Special Master found Dr.

Romberg to be the more persuasive expert, citing his stronger qualifications in immunology, the established scientific principles supporting his opinions, and the rebuttal of Dr. Lokshin's reliance on mouse models.

The Special Master concluded that the petitioners failed to establish a credible medical theory connecting the MMR vaccine to Rhone's pneumonia, thus not meeting the first prong of the Althen test for causation. The court affirmed the Special Master's decision on August 25, 2017, finding no error in the Special Master's consideration of the evidence, expert qualifications, and application of the Althen test.

The petition was denied.