J.P. v. HHS - Tdap, pulmonary hemorrhage, acute liver failure, acute renal failure, encephalopathy, disseminated intravascular coagulation, hemophagocytic lymphohistiocytosis (HLH), and resulting death (2015)

Filed 2014-04-11Decided 2015-07-29Vaccine Tdap
dismisseddeath

Case summary [AI summaries can sometimes make mistakes]

On April 11, 2014, Julio and Olga Paz filed a petition on behalf of their minor son, J.P., alleging that he suffered a pulmonary hemorrhage, acute liver failure, acute renal failure, encephalopathy, disseminated intravascular coagulation, hemophagocytic lymphohistiocytosis (HLH), and resulting death, as a result of receiving hepatitis A, Tdap, meningococcal, and influenza vaccines on October 4, 2012. The petitioners opted for a decision on the record without filing an expert report.

The Special Master reviewed the medical records and determined that J.P. did not suffer a Table encephalopathy because the onset of his symptoms occurred 57 days after vaccination, which is outside the three-day window for a Tdap vaccine. Furthermore, the Special Master found that J.P.'s encephalopathy appeared secondary to HLH, a condition not listed on the Vaccine Injury Table.

For an off-Table claim, the Special Master concluded that the petitioners failed to provide a reliable medical theory of causation, establish a logical sequence of cause and effect, or demonstrate a proximate temporal relationship between the vaccinations and J.P.'s injuries and death. The treating physicians suggested an infectious etiology from J.P.'s travel to El Salvador as a likely cause and noted that J.P. had a poor immune response to the hepatitis A vaccine.

Consequently, the petition was dismissed. Subsequently, on July 16, 2015, the parties filed a stipulation concerning attorneys' fees and costs.

Petitioners requested a total award of $20,875.18 in attorneys' fees and costs, which was granted by the Special Master. This amount was to be paid jointly to the petitioners and their counsel, Diana Stadelnikas Sedar ($15,114.03), and to their former counsel, Alan H.

King ($5,761.15).

Theory of causation

Petitioners Julio and Olga Paz, on behalf of minor J.P., alleged that hepatitis A, Tdap, meningococcal, and influenza vaccines administered on October 4, 2012, caused HLH, encephalopathy, and death. Petitioners sought a decision on the record without an expert report. The Special Master found that J.P. did not suffer a Table encephalopathy as the onset of symptoms (November 30, 2012) was 57 days post-vaccination, outside the three-day window for Tdap. The encephalopathy was deemed secondary to HLH, an off-Table condition. For the off-Table claim, the Special Master found petitioners failed to meet the Althen criteria: (1) no reliable medical theory of causation was provided; (2) treating physicians suggested an infectious etiology from travel to El Salvador as likely, noting a negative Hep A IgM and poor immune response to Hep A vaccine, thus not establishing a logical sequence of cause and effect implicating the vaccine; and (3) the onset of symptoms (around November 20, 2012, 47 days post-vaccination) was not within a medically acceptable timeframe for inferring causation without expert support. The petition was dismissed. Attorneys for petitioners were Diana Stadelnikas Sedar and Alan H. King. Respondent counsel was Christine M. Becer. Special Master was Thomas L. Gowen. Decision date: July 29, 2015. Attorneys' fees and costs totaling $20,875.18 were awarded.

Source PDFs 2 total · 2 downloaded