J.H.B. v. HHS - DTaP, pneumonia (2018)
Case summary [AI summaries can sometimes make mistakes]
On February 18, 2014, Kenneth H. Barrett and Tammy Barrett, parents of infant J.H.B., filed a petition under the National Vaccine Injury Compensation Program alleging that their son died from pneumonia as a result of receiving multiple childhood vaccines on August 28, 2013.
J.H.B. was born prematurely at 33 weeks gestation and had a history of respiratory issues in the NICU, but his condition had resolved. His pediatrician's examination on the day of vaccination was normal, with no respiratory concerns noted.
Following vaccination with DTaP, Hepatitis B, IPV, Hib, Prevnar, and Rotavirus vaccines, J.H.B. was observed to be more distressed and sleepy. On August 31, 2013, approximately 63 hours after vaccination, he was found unresponsive and cold to the touch and was pronounced dead.
An autopsy concluded the cause of death was acute viral pneumonia, with a nasopharyngeal swab positive for rhino/enterovirus. Petitioners' expert, Dr.
M. Eric Gershwin, theorized that the alum in the vaccines skewed J.H.B.'s immature immune system toward a Th-2 response, preventing him from effectively fighting the viral infection, which then progressed to a fatal pneumonia.
Respondent's expert, Dr. Hamid Bassiri, argued that the infection likely predated the vaccination and that the alum's effect was dose-dependent and unlikely to cause such a severe outcome.
Special Master Thomas L. Gowen found that petitioners presented a credible medical theory and a logical sequence of cause and effect, establishing that the vaccines were a substantial factor in J.H.B.'s death, consistent with the Althen factors for off-Table claims.
The Special Master ruled on entitlement on September 6, 2017. Subsequently, on January 17, 2018, the Special Master awarded $310,000 in compensation, comprising a $250,000 statutory death benefit and $60,000 for pain and suffering, paid as a lump sum to the parents.
Petitioners were represented by Peter J. Sarda of Creech Law Firm, and respondent was represented by Robert P.
Coleman, III of the U.S. Department of Justice.
Theory of causation
Petitioners Kenneth H. Barrett and Tammy Barrett alleged that their infant son, J.H.B., died from pneumonia due to receiving DTaP, Hepatitis B, IPV, Hib, Prevnar, and Rotavirus vaccines on August 28, 2013. Petitioners' expert, Dr. M. Eric Gershwin, proposed an off-Table theory that the alum adjuvant in the vaccines skewed J.H.B.'s immature and prematurely-biased immune system towards a Th-2 response. This skewing, in combination with prematurity and infancy, allegedly prevented J.H.B. from effectively fighting an incipient rhino/enterovirus infection, leading to fatal pneumonia approximately 63 hours post-vaccination. Respondent's expert, Dr. Hamid Bassiri, countered that the infection likely predated vaccination, that the inflammatory cells found at autopsy indicated a Th-1 response predating vaccination, and that the dose of alum in the vaccines was insufficient to cause systemic immune skewing. Special Master Thomas L. Gowen found Dr. Gershwin's theory credible, establishing a medical theory (Althen Prong 1), a logical sequence of cause and effect (Althen Prong 2), and a proximate temporal relationship (Althen Prong 3), concluding that the vaccines were a substantial factor in J.H.B.'s death. The decision on entitlement was issued September 6, 2017, and the damages award of $310,000 ($250,000 death benefit, $60,000 pain and suffering) was issued January 17, 2018. Attorneys for petitioners were Peter J. Sarda and for respondent was Robert P. Coleman, III.
Source PDFs
USCOURTS-cofc-1_14-vv-00137