Autumn Decker v. HHS - Hepatitis A, Hashimoto’s thyroiditis and premature ovarian failure (2023)
Case summary [AI summaries can sometimes make mistakes]
On January 7, 2015, Candie Decker, mother of Autumn Decker, filed a petition under the National Vaccine Injury Compensation Program alleging that the Hepatitis A vaccine (HAV) administered to her daughter on July 16, 2013, caused Hashimoto's thyroiditis and premature ovarian failure (POF). Autumn Decker was born on October 25, 1999.
Petitioner attained the age of majority on October 25, 2017. Following an entitlement hearing, Special Master Herbrina Sanders issued a ruling on December 14, 2020, finding Petitioner entitled to compensation.
The case then proceeded to damages. Respondent filed a Proffer on Award of Compensation on June 9, 2023, which was corrected and refiled on August 28, 2023, due to an error in the funding chart.
A final decision awarding damages was issued on July 21, 2023, and subsequently reissued on September 15, 2023, with a corrected funding chart. Petitioner was awarded a lump sum of $259,279.47, which included compensation for life care expenses for the first year ($1,918.45), pain and suffering ($250,000.00), and past unreimbursable expenses ($7,361.02).
Additionally, an amount sufficient to purchase an annuity contract for future life care items was awarded, with medical life care items growing at 5% annually and non-medical items at 4% annually. The total compensation reflects a stipulated agreement between the parties.
Petitioner was represented by Andrew Downing and later by Downing, Allison & Jorgenson. Respondent was represented by Lara Englund of the U.S.
Department of Justice.
Theory of causation
Petitioner alleged that the Hepatitis A vaccine (HAV) administered on July 16, 2013, caused Hashimoto's thyroiditis and premature ovarian failure (POF). The Special Master found that Petitioner established by a preponderance of the evidence that molecular mimicry, a theory involving cross-reactivity between a component of HAV and the MCM8 protein essential for ovarian function, could cause HAV-induced autoimmune POI in a susceptible individual. Petitioner's experts, Dr. James Wheeler, Dr. Yehuda Shoenfeld, and Dr. Steven Pike, presented theories involving molecular mimicry, aluminum adjuvant-induced autoimmunity (ASIA), and direct aluminum toxicity. Respondent's experts, Dr. Patrizio Caturegli, Dr. David Frankfurter, and Dr. Edward Cetaruk, argued against these theories, citing a lack of scientific evidence linking HAV to POI, inappropriate temporal relationships, and issues with extrapolating from animal studies. The Special Master found the ASIA and aluminum toxicity theories not sufficiently supported but found the molecular mimicry theory persuasive, particularly given Petitioner's predisposition to autoimmune disease. The Special Master determined that a temporal relationship of two to six weeks between vaccination and the onset of POI was appropriate. Petitioner was awarded compensation based on a stipulated agreement, with a lump sum of $259,279.47 and an annuity for future life care items. Special Master Herbrina Sanders presided over the case.