Jeanna Terrell v. HHS - Tdap, erythema multiforme and pemphigus vulgaris (2015)

Jeanna Terrell, born June 13, 1968, filed a petition on December 4, 2014, alleging that a Tdap vaccine administered on May 22, 2012, caused her to suffer from erythema multiforme and pemphigus vulgaris. Petitioner had a history of rashes predating the vaccination.

Following the vaccination, in June 2012, she developed a blistery rash and experienced abdominal pain and nausea, for which she was treated with a steroid dose pack. Medical records from July 2012 initially suggested that pemphigus vulgaris might have been triggered by the vaccine.

However, a biopsy performed on July 23, 2013, and analyzed by Dr. Raminder K.

Grover, found that petitioner's skin condition was not consistent with pemphigus, pemphigoid, or related conditions, ruling out these diagnoses in approximately 90% of cases. Despite this, on July 30, 2013, petitioner's treating dermatologist, Dr.

Susannah McClain, informed petitioner and noted in her medical records that the biopsy result was consistent with pemphigus vulgaris, suggesting the pertussis vaccine may have triggered it, citing reports of influenza and tetanus/diphtheria vaccines triggering pemphigus. Petitioner's counsel, Edward M.

Kraus, stated during a telephonic status conference on November 4, 2014, that Dr. McClain had since informed his client that she did not have pemphigus vulgaris, and therefore, there was no reasonable basis to proceed.

Petitioner subsequently filed a motion to dismiss her petition, stating she would be unable to prove entitlement to compensation. Special Master Laura D.

Millman granted the motion and dismissed the case on November 12, 2014, for failure to prove the allegations by a preponderance of the evidence, noting that petitioner had not filed a medical expert report to support her claim and that the medical records did not prove she had pemphigus vulgaris. The respondent was represented by Heather L.

Pearlman. On January 6, 2015, Special Master Millman issued a decision awarding $6,377.18 in attorneys' fees and costs based on a stipulation between the parties, payable jointly to petitioner and the Law Offices of Chicago-Kent College of Law.