John Lovelady v. HHS - Tdap, polymyalgia rheumatica (2016)
Case summary [AI summaries can sometimes make mistakes]
John Lovelady, a 68-year-old man, filed a petition on October 31, 2014, alleging that the Tdap vaccine he received on January 2, 2013, caused him to develop polymyalgia rheumatica three days later. The respondent is the Secretary of Health and Human Services.
Mr. Lovelady had a history of aching, pain, and stiffness in his feet, knees, and ankles prior to the vaccination, with his personal care physician, Dr.
Bryan McClelland, noting neuropathy in May 2010, chronic pain in November 2010, and stiffness in his knees and ankles in April 2012. Following the Tdap vaccination on January 2, 2013, Mr.
Lovelady reported severe joint pain and body aches starting three days later, which improved with a prescription of Prednisone. By March 2013, his symptoms were much better, and in August 2013, a rheumatologist, Dr.
Nopporn Unnoppet, suspected polymyalgia rheumatica. The court set multiple deadlines for Mr.
Lovelady to file an expert medical report to support his claim, granting several extensions. However, Mr.
Lovelady was unable to secure the necessary evidence and ultimately filed a motion to dismiss his own petition on January 27, 2016, stating he could not obtain the required proof for entitlement to compensation. Special Master Laura D.
Millman granted this motion, dismissing the case because Mr. Lovelady failed to make a prima facie case under the Vaccine Act.
The decision noted the absence of an expert report and the pre-existing symptoms, which would have required proof of aggravation. No compensation was awarded.
The case was dismissed by Special Master Laura D. Millman.
Theory of causation
Petitioner John Lovelady alleged that the Tdap vaccine administered on January 2, 2013, caused polymyalgia rheumatica with onset three days later. Petitioner had pre-existing symptoms of aching, pain, and stiffness in his feet, knees, and ankles dating back to May 2010. The petition was filed on October 31, 2014. Petitioner was unable to secure an expert medical report to support his claim, despite multiple extensions granted by Special Master Laura D. Millman. On January 27, 2016, petitioner moved to dismiss his own petition, which was granted. The Special Master dismissed the case for failure to make a prima facie case under the Vaccine Act, citing the absence of an expert report and the need to prove aggravation of pre-existing conditions. The theory of causation was considered off-Table. No award was made. Petitioner was represented by Ronald C. Homer, and respondent was represented by Lisa A. Watts. The decision was issued by Special Master Laura D. Millman on January 29, 2016.
Source PDFs
USCOURTS-cofc-1_14-vv-01063