Michele Lemaire v. HHS - DTaP, anaphylaxis reaction (2016)
Case summary [AI summaries can sometimes make mistakes]
Michele Lemaire filed a petition on September 16, 2013, alleging that tetanus-diphtheria-acellular pertussis (DTaP), trivalent influenza, and pneumococcal vaccinations she received on September 16, 2010 caused her to suffer an anaphylactic reaction occurring within thirty minutes of vaccination, with residual effects persisting for more than six months, as well as an acute complication of a pre-existing respiratory condition. Respondent disputed that petitioner had established a Table Injury or that the vaccines caused or significantly aggravated her injuries.
Petitioner changed counsel twice during the case. An expert report filed on November 30, 2015 failed to support causation — petitioner's own expert was unable to find evidence that the vaccines caused immune damage.
Petitioner thereafter filed a motion for dismissal on February 29, 2016. Special Master Corcoran dismissed the petition on May 25, 2016 for insufficient proof, finding no evidence of a Table Injury and no persuasive evidence that any vaccine caused or significantly aggravated the alleged injuries.
No compensation was awarded.
Theory of causation
DTaP + trivalent flu + pneumococcal Sep 16, 2010 → alleged anaphylaxis (<30 min) + acute respiratory complication. Petitioner changed counsel twice. Nov 30, 2015: petitioner's own expert unable to support causation. Petitioner filed motion to dismiss Feb 29, 2016. DISMISSED for insufficient proof by SM Corcoran May 25, 2016. Counsel: Sharp, Whitfield Sharp & Sharp, Marblehead MA.
Source PDFs
USCOURTS-cofc-1_13-vv-00681