Christine DeLozier v. HHS - Hepatitis B, alopecia areata (2022)
Case summary [AI summaries can sometimes make mistakes]
On February 9, 2015, Christine DeLozier, as parent and next friend of L.T., a minor, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that L.T. suffered from alopecia areata (AA) attributable to a hepatitis B vaccine (HBV vaccine) L.T. received on November 6, 2012.
L.T. was three years old at the time of vaccination. Within days of receiving the vaccine, L.T. developed hair loss, joint pain, and a rash.
A dermatologist diagnosed AA and noted a possible link to the vaccine. L.T. had a history of eczema and asthma, and a family history of autoimmune disease.
An entitlement hearing was held, and on December 10, 2019, Chief Special Master Brian H. Corcoran issued a ruling finding that Petitioner had preponderantly established that the HBV vaccine could trigger an autoimmune response resulting in a single AA occurrence, and that this occurred in L.T.'s case.
Petitioner was therefore entitled to damages associated with that first occurrence. However, the Chief Special Master did not find that the evidence supported the contention that all subsequent outbreaks of AA were attributable to the 2012 vaccination, and thus denied compensation for those recurrences.
A damages decision followed on August 11, 2020, where the Chief Special Master awarded $50,000.00 for actual pain and suffering related to the first occurrence of AA. Petitioner then filed a motion for review, which was granted by Senior Judge Mary Ellen Coster Williams.
The case was remanded to the Chief Special Master for a reassessment of damages to include subsequent and future recurrences of AA, recognizing it as a chronic, waxing-and-waning condition. On remand, Special Master Nora Beth Dorsey issued a decision on September 16, 2022.
The final award included a lump sum payment of $257,153.97 for life care expenses and pain and suffering, a lump sum payment of $1,953.34 to satisfy a Medicaid lien, and an amount sufficient to purchase an annuity contract for future life care items. The total award, including the annuity, was $259,107.31.
Petitioner was represented by Richard Gage, P.C., and Respondent was represented by the U.S. Department of Justice.
Theory of causation
Petitioner Christine DeLozier, on behalf of minor L.T., alleged that a hepatitis B vaccine administered on November 6, 2012, caused alopecia areata (AA). The Chief Special Master found that the HBV vaccine could cause AA and did cause L.T.'s first occurrence of AA, which began within days of vaccination. Petitioner's expert, Dr. David Norris, opined that vaccines can trigger autoimmune diseases like AA by altering the immune privilege of hair follicles, citing studies such as Wise et al. (1997) and Richardson et al. (2018). Respondent's expert, Dr. Megha Tollefson, acknowledged AA as a chronic autoimmune disease with a genetic basis, suggesting infections or stress as more likely triggers than vaccines, and noting L.T.'s family history and eczema as risk factors. The Chief Special Master initially ruled that while the vaccine caused the first AA episode, subsequent recurrences were more likely due to L.T.'s genetic predisposition. However, on remand following a court order, Special Master Dorsey determined that L.T. was entitled to compensation for subsequent and future recurrences of AA, recognizing its chronic nature. The final award included compensation for life care expenses, pain and suffering, and an annuity, totaling $259,107.31.
Source PDFs
USCOURTS-cofc-1_15-vv-00124