{"package_id":"USCOURTS-cofc-1_13-vv-00675","decision_granule_id":"USCOURTS-cofc-1_13-vv-00675-2","petitioner_identifier":"Rhone DePena","is_minor":1,"age_at_vaccination":7.0,"age_unit_raw":"years","vaccine_type":"MMR","vaccination_date":"2010-09-15","condition_raw":"severe pneumonia","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2017-08-25","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:30:38.976477+00:00","number_of_concurrent_vaccines":null,"dose_number":2,"time_to_onset_days":2,"theory_of_causation":"Petitioners alleged that the MMR vaccine administered on September 15, 2010, to seven-year-old Rhone DePena caused severe pneumococcal pneumonia by weakening his immune system and suppressing T cells, making him vulnerable to infection. Petitioners' expert, Dr. Boris Lokshin (pediatric pulmonologist), theorized that the MMR vaccine suppressed T cells, which he argued were crucial for fighting pneumococcal infections. Respondent's expert, Dr. Neil D. Romberg (pediatric immunologist), countered that the MMR vaccine does not affect the immune response to pneumococcus and that T cells are not essential for combating this infection, as the primary immune response involves antibodies produced by B cells and the innate immune system. The Special Master found Dr. Romberg's expertise and reasoning more persuasive, noting that pneumococcus is a T cell-independent antigen and that established immunology principles do not support a significant role for T cells in fighting pneumococcal infections. The Special Master also found Dr. Lokshin's reliance on mouse studies unconvincing due to the lack of demonstrated applicability to humans and his limited depth in immunology. The court affirmed the Special Master's denial of compensation, agreeing that petitioners failed to establish a credible medical theory connecting the MMR vaccine to the injury under the first prong of the Althen test. The case was denied. Attorneys for petitioners were Michael Baseluos and for respondent Heather L. Pearlman. Special Master was Christian J. Moran. Judge Margaret M. Sweeney reviewed the decision.","is_death":0,"date_of_death":null,"petition_filed_date":"2013-09-12","case_summary":"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. \n\nFollowing 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.","is_minor_inferred":null,"is_pediatric_broad":1,"special_master":"Christian J. Moran","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Michael Baseluos","petitioner_attorney_firm":"Baseluos Law Firm","petitioner_attorney_location":"San Antonio, TX","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|michael-baseluos|","firm_canonical_key":"baseluos-law-firm","package_title":"DEPENA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00675","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00675.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00675.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_13-vv-00675-0","title":"DEPENA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 2/22/17) regarding 87 DECISION of Special Master. Signed by Special Master Christian J. Moran. (dh) Copy to parties.","date_issued":"2017-03-22","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_13-vv-00675/granules/USCOURTS-cofc-1_13-vv-00675-0/pdf","pdf_bytes":375898,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_13-vv-00675/USCOURTS-cofc-1_13-vv-00675-0"},{"granule_id":"USCOURTS-cofc-1_13-vv-00675-1","title":"DEPENA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 3/30/17) regarding 92 DECISION of Special Master - Interim Attorney's Fees. Signed by Special Master Christian J. Moran. (dh) Copy to parties.","date_issued":"2017-04-25","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_13-vv-00675-2","title":"DEPENA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"JUDGE VACCINE REPORTED OPINION reissuing 103 Judge Vaccine Order/Opinion. Signed by Judge Margaret M. Sweeney. (kb1)","date_issued":"2017-08-25","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_13-vv-00675/granules/USCOURTS-cofc-1_13-vv-00675-2/pdf","pdf_bytes":209135,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_13-vv-00675/USCOURTS-cofc-1_13-vv-00675-2"},{"granule_id":"USCOURTS-cofc-1_13-vv-00675-3","title":"DEPENA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 9/6/2018) regarding 119 DECISION of Special Master - Interim Attorney's Fees. Signed by Special Master Christian J. Moran. (abs) Service on parties made.","date_issued":"2018-10-05","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}