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

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).