A.E. v. HHS - DTaP, celiac disease (2017)

On May 20, 2014, Janelle and Arturo Escalera, on behalf of their minor daughter A.E., filed a petition alleging that the DTaP and HiB vaccines administered on May 20, 2011, caused A.E. to develop celiac disease. The petition was filed under the National Vaccine Injury Compensation Program.

Respondent, the Secretary of Health and Human Services, initially argued that the petitioners had not identified a medical theory connecting the vaccines to the injury and that A.E.'s treating physicians had not identified the vaccinations as causal. Respondent also contended that A.E.'s alleged symptoms onset date was unsupported by the record and that she may have had symptoms prior to vaccination.

After a status conference, the parties were encouraged to settle, but were unable to do so. Petitioners filed an expert report by Dr.

David Axelrod, and Respondent filed a responsive expert report by Dr. Stephen McGeady.

Following further proceedings, both parties agreed to forego an entitlement hearing in favor of a ruling on the existing record. Special Master Lisa Hamilton-Fieldman issued a Ruling on Entitlement on November 23, 2016, finding that Petitioners were entitled to compensation.

Special Master Hamilton-Fieldman accepted Dr. Axelrod's theory that the DTaP and HiB vaccines could trigger celiac disease through mechanisms like molecular mimicry between vaccine components and intestinal enzymes, and that A.E. experienced symptoms consistent with this theory shortly after vaccination.

The case then proceeded to the damages phase. On May 2, 2017, Special Master Herbrina Sanders issued a Decision Awarding Damages based on a stipulation and proffer agreement between the parties.

The award included a lump sum of $38,106.90 for past and future un-reimbursable expenses, a lump sum of $9,966.63 to satisfy a State of Arizona Medicaid lien, and an amount sufficient to purchase an annuity contract for future payments. The total award, including the estimated value of the annuity, amounted to $4,807,353.

Petitioner counsel was Andrew D. Downing of Van Cott & Talamante, PLLC.

Respondent counsel was Christine M. Becer of the United States Department of Justice.