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

Filed 2014-04-08Decided 2014-09-05Vaccine Tdap
dismissed$3,000

Case summary [AI summaries can sometimes make mistakes]

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.

Theory of causation

Petitioners alleged that the Tdap, Menactra, and Varicella vaccines administered on April 8, 2011, to Cedric Carlos Lopez, then approximately 11 years old, caused him to develop transverse myelitis (TM), with onset on July 12, 2011. The Special Master noted that the onset of TM was three months after vaccination. The public decision does not describe a specific medical theory connecting the vaccines to the alleged injury, nor does it name any experts. The Special Master's decision relied on prior rulings that a vaccination cannot cause a demyelinating injury like TM more than two months after vaccination. Petitioners' counsel acknowledged the difficulty in proving causation due to the extended onset period and moved to dismiss. The case was dismissed based on the failure to establish a prima facie case of causation, specifically failing to satisfy the Althen prongs regarding a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship. The theory of causation was deemed "Off-Table." Subsequently, a stipulation for attorneys' fees and costs resulted in an award of $3,000.00, approved by Special Master Laura D. Millman on September 5, 2014. Petitioners' counsel was John R. Howie, Jr., and respondent's counsel was Glenn A. MacLeod.

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