J.H.B. v. HHS - DTaP, pneumonia (2017)
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 December 14, 2017, 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.