VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00270
Package ID: USCOURTS-cofc-1_14-vv-00270
Petitioner: Cedric Carlos Lopez
Filed: 2014-04-08
Decided: 2014-09-05
Vaccine: Tdap
Vaccination date: 2011-04-08
Condition: transverse myelitis
Outcome: dismissed
Award amount USD: 3000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00270-0
Date issued/filed: 2014-06-10
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/20/2014) regarding 7 DECISION of Special Master Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00270-UNJ Document 11 Filed 06/10/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-270V
May 20, 2014
Not to be Published
***************************************
CEDRIC CARLOS LOPEZ, a minor, by *
his Parents and Natural Guardians, *
CARLOS LOPEZ and SYLVIA MEDINA, *
*
Petitioners, * Three-month onset of transverse myelitis
* after Tdap, Menactra, and Varicella vaccines
v. * is too long; petitioners move to dismiss
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
***************************************
John R. Howie, Jr., Dallas, TX, for petitioners.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
On April 8, 2014, petitioners filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that tetanus-diphtheria-acellular pertussis
1 Because this decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116
Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special
masters will be made available to the public unless they contain trade secrets or commercial or
financial information that is privileged and confidential, or medical or similar information whose
disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is
filed, petitioners have 14 days to identify and move to redact such information prior to the
document’s disclosure. If the special master, upon review, agrees that the identified material fits
within the categories listed above, the special master shall redact such material from public
access.

Case 1:14-vv-00270-UNJ Document 11 Filed 06/10/14 Page 2 of 4
(“Tdap”), Menactra, and Varicella vaccines administered on April 8, 2011 to their son Cedric
Carlos Lopez (“Cedric”) caused him to suffer from transverse myelitis (“TM”). Pet. ¶ 9.
The medical records show that Cedric had an acute onset of TM on July 12, 2011, or
three months after his vaccinations. Med. recs. Ex. 1, at 1. The undersigned has never held that
a vaccination can cause a demyelinating injury, such as TM, more than two months after
vaccination. See Corder v. Sec’y of HHS, No. 08-228V, 2011 WL 2469736 (Fed. Cl. Spec.
Mstr. May 31, 2011) (flu vaccine did not cause petitioner’s GBS four months later). Following
the Corder decision, the undersigned has similarly ruled in other cases: Barker v. Sec’y of HHS,
No. 13-818V, 2014 WL 1724848, at *3 (Fed. Cl. Spec. Mstr. Apr. 11, 2014) (almost five-month
onset of alleged GBS after FluMist); Fockler v. Sec’y of HHS, No. 13-237V, 2014 WL 1569192,
at *1 (Fed. Cl. Spec. Mstr. Mar. 31, 2014) (three-month onset of TM after hepatitis B vaccine);
Jackson v. Sec’y of HHS, No. 13-630V, 2014 WL 1266819, at *1 (Fed. Cl. Spec. Mstr. Mar. 6,
2014) (five and one-half month onset of GBS after flu vaccine); Thomas v. Sec’y of HHS, No.
13-827V, 2014 WL 1267051, at *1 (Fed. Cl. Spec. Mstr. Mar. 6, 2014) (almost three-month
onset of TM after flu vaccine); and Hayman v. Sec’y of HHS, No. 11-667V, 2012 WL 4356235,
at *2 (Fed. Cl. Spec. Mstr. Aug. 31, 2012) (four-month onset of GBS after alleged flu vaccine).
On May 20, 2014, during the first telephonic status conference in this case, petitioners’
counsel stated he filed the petition when the statute of limitations was about to run based on the
parents’ recollection that the onset of Cedric’s TM was closer in time to his vaccinations.
Petitioners’ counsel stated he was familiar with the undersigned’s Corder and Fockler decisions
and had explained to his clients that they would not be able to prove causation in this case. He
said he had their permission to move to dismiss and did so orally.
The undersigned GRANTS petitioners’ motion to dismiss and DISMISSES this case.
FACTS
Cedric was born on July 3, 1999.
On April 8, 2011, he received Tdap, Menactra, and Varicella vaccines. Med. recs. Ex. 1,
at 14.
On July 12, 2011, Cedric was admitted to Children’s Hospital of Orange County with a
sudden onset of bilateral upper and lower extremity weakness. Id. at 1. He had a presumed
diagnosis of TM. Id. An MRI showed abnormalities in the region of the C4-T1 sections of
Cedric’s spinal cord. Id. He was unable to void in the hospital. Id.
DISCUSSION
To satisfy their burden of proving causation in fact, petitioners must prove by
preponderant evidence: “(1) a medical theory causally connecting the vaccination and the injury;
2

Case 1:14-vv-00270-UNJ Document 11 Filed 06/10/14 Page 3 of 4
(2) a logical sequence of cause and effect showing that the vaccination was the reason for the
injury; and (3) a showing of a proximate temporal relationship between vaccination and injury.”
Althen v. Sec’y of HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005). In Althen, the Federal Circuit
quoted its opinion in Grant v. Secretary of Health and Human Services, 956 F.2d 1144, 1148
(Fed. Cir. 1992):
A persuasive medical theory is demonstrated by “proof of a logical
sequence of cause and effect showing that the vaccination was the
reason for the injury[,]” the logical sequence being supported by
“reputable medical or scientific explanation[,]” i.e., “evidence in
the form of scientific studies or expert medical testimony[.]”
Althen, 418 F.3d at 1278.
Without more, “evidence showing an absence of other causes does not meet petitioners’
affirmative duty to show actual or legal causation.” Grant, 956 F.2d at 1149. Mere temporal
association is not sufficient to prove causation in fact. Id. at 1148.
Although petitioners allege Cedric’s vaccinations caused his TM three months later, the
medical records do not support their allegation, and petitioners have not filed an expert medical
report in support of their allegation. The Vaccine Act does not permit the undersigned to rule for
petitioners based on their claims alone, “unsubstantiated by medical records or by medical
opinion.” 42 U.S.C. § 300aa-13(a)(1) (2006).
Petitioners have not satisfied the first prong of Althen in that they have not presented
through a medical expert a credible medical theory explaining how Tdap, Menactra, and/or
Varicella vaccines could cause TM. Petitioners have not satisfied the second prong of Althen
that there is a logical sequence of cause and effect showing that these vaccines did cause
Cedric’s TM. Petitioners have not satisfied the third prong of Althen that three months is a
medically appropriate time interval to show causation of TM from any or all of these vaccines.
Thus, petitioners have not made a prima facie case of causation.
The undersigned grants petitioners’ motion to dismiss. This case is DISMISSED.
CONCLUSION
This petition is DISMISSED. In the absence of a motion for review filed pursuant to
RCFC, Appendix B, the clerk of the court is directed to enter judgment herewith.2
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either
separately or jointly, filing a notice renouncing the right to seek review.
3

Case 1:14-vv-00270-UNJ Document 11 Filed 06/10/14 Page 4 of 4
IT IS SO ORDERED.
May 20, 2014 s/Laura D. Millman
DATE Laura D. Millman
Special Master
4

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00270-1
Date issued/filed: 2014-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/05/2014) regarding 13 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00270-UNJ Document 14 Filed 09/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-270V
Filed: September 5, 2014
Not for Publication
*************************************
CEDRIC CARLOS LOPEZ, A Minor, *
by his Parents and Natural Guardians, *
CARLOS LOPEZ MEDINA and *
SYLVIA MEDINA, *
*
Petitioners, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
John Howie, Jr., Dallas, TX, for petitioners.
Glenn A. MacLeod, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On September 5, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case. In accordance with the General
Order #9 requirement, petitioners assert that they did not incur any costs in pursuit of their petition.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:14-vv-00270-UNJ Document 14 Filed 09/26/14 Page 2 of 2
Petitioners submitted their request for attorneys’ fees and costs to respondent. During
informal discussions, respondent raised objections to certain items in petitioners’ application.
Based on these objections, petitioners amend their application for attorneys’ fees and costs to
$3,000.00. Respondent does not object to this amount. The undersigned finds this amount to be
reasonable. Accordingly, the court awards $3,000.00, representing reimbursement for attorneys’
fees and costs. The award shall be in the form of a check payable jointly to petitioners and Howie
Law, P.C. in the amount of $3,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: September 5, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2