Cedric Carlos Lopez v. HHS - Tdap, transverse myelitis (2014)

On April 8, 2014, Cedric Carlos Lopez, a minor, by his parents and natural guardians Carlos Lopez and Sylvia Medina, filed a petition alleging that the Tdap, Menactra, and Varicella vaccines administered on April 8, 2011, caused him to develop transverse myelitis (TM). Cedric was born on July 3, 1999, making him approximately 11 years old at the time of vaccination.

Medical records indicated that Cedric presented with an acute onset of TM on July 12, 2011, which was three months after his vaccinations. The Special Master noted a consistent holding that a vaccination cannot cause a demyelinating injury like TM more than two months after vaccination, citing prior decisions including Corder v.

Sec’y of HHS, Barker v. Sec’y of HHS, Fockler v.

Sec’y of HHS, Jackson v. Sec’y of HHS, Thomas v.

Sec’y of HHS, and Hayman v. Sec’y of HHS.

Petitioners' counsel stated that he had explained to his clients that they would not be able to prove causation due to the extended onset period and moved to dismiss the case. The Special Master granted the motion to dismiss.

Subsequently, on September 5, 2014, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $3,000.00, which the Special Master approved. The award was to be paid by check jointly to petitioners and Howie Law, P.C.