Terra Schaller v. HHS - Hepatitis B, cellulitis and abscess of her right arm and shoulder (2016)

Filed 2016-02-11Decided 2016-02-11Vaccine Hepatitis B
dismissed

Case summary [AI summaries can sometimes make mistakes]

Terra Schaller filed a petition alleging that the hepatitis B vaccine administered on October 10, 2013, caused pain, numbness, and loss of mobility in her right arm, shoulder, and hand. On the same date, she also received a Pneumovax vaccine in the same arm, and in her left arm, she received an influenza vaccine and a Tdap vaccine.

Petitioner's expert, Dr. David Axelrod, opined that the hepatitis B vaccine caused cellulitis and an abscess in her right arm and shoulder.

However, respondent's expert, Dr. Mehrdad Matloubian, concluded that the symptoms were a reaction to the Pneumovax vaccine, citing the location and type of administration, and the resolution of symptoms.

Dr. Matloubian also noted that imaging studies did not show an abscess and that photographs were consistent with an injection site reaction to the Pneumovax, not the hepatitis B vaccine.

Petitioner's counsel informed the court that they would not file a responsive report from Dr. Axelrod to rebut Dr.

Matloubian's findings. Consequently, petitioner moved to dismiss her petition, recognizing her inability to meet the burden of proof for causation and the difficulty in distinguishing between the hepatitis B and Pneumovax vaccines as the cause of her injury.

The Special Master granted the motion, dismissing the case for failure to establish a prima facie case of causation in fact.

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