Ronniesha Thomas v. HHS - Influenza, transverse myelitis (2014)
Case summary [AI summaries can sometimes make mistakes]
Ronniesha Thomas filed a petition on October 22, 2013, alleging that an influenza vaccine she received on October 6, 2010, caused her to develop transverse myelitis (TM). She alleged the TM began on December 20 or 22, 2010, approximately 11 weeks after vaccination.
The Special Master, Laura D. Millman, noted that she had never considered an interval beyond two months (eight weeks) to be appropriate for a vaccination to cause a demyelinating disease, citing her prior decision in Corder v.
Sec'y of HHS. Petitioner's counsel stated he would consult with the petitioner about whether to proceed.
On March 6, 2014, petitioner filed a Motion for a Decision on the Written Record, acknowledging that she did not deem it worthwhile to continue prosecution given the 11-week onset interval. No expert opinion or supporting medical records were filed.
The Special Master granted the motion and dismissed the petition on March 6, 2014. Petitioner was born on September 1, 1968.
Medical records indicated onset of symptoms on December 20, 2010, with subsequent medical visits on December 27, 2010, and January 3, 2011, where she reported numbness and urinary incontinence. The Special Master found that petitioner failed to satisfy the three prongs of the Althen test for causation: a medical theory connecting the vaccine and the injury, a logical sequence of cause and effect, and a proximate temporal relationship.
Specifically, the Special Master determined that the 11-week interval was too long to support a finding of causation for TM following a flu vaccination and that the medical records did not support the allegation. Petitioner's counsel was Isaiah R.
Kalinowski of Maglio, Christopher & Toale, P.A. Respondent's counsel was Melonie J.
McCall and later Lara A. Englund.
On August 12, 2014, a stipulation for attorneys' fees and costs was filed. The Special Master awarded $8,000.00 in attorneys' fees and costs, payable by check jointly to Ronniesha Thomas and Maglio, Christopher & Toale, P.A.
Theory of causation
Petitioner Ronniesha Thomas alleged that an influenza vaccine administered on October 6, 2010, caused transverse myelitis (TM) with onset approximately 11 weeks later, around December 20-22, 2010. Petitioner's counsel was Isaiah R. Kalinowski. Respondent was represented by Melonie J. McCall and Lara A. Englund. Special Master Laura D. Millman presided. Petitioner moved for a decision on the written record, acknowledging the 11-week interval was likely too long for causation of a demyelinating disease, as the Special Master had previously held that intervals beyond two months were not appropriate. No expert opinions or supporting medical records were filed by the petitioner. The Special Master found that petitioner failed to establish a prima facie case, specifically failing to satisfy the proximate temporal relationship prong of the Althen test due to the 11-week interval. The petition was dismissed on March 6, 2014. Attorneys' fees and costs totaling $8,000.00 were awarded on August 12, 2014, payable to petitioner and her counsel, Maglio, Christopher & Toale, P.A.
Source PDFs
USCOURTS-cofc-1_13-vv-00827