Mary E Forde v. HHS - Tdap, an allergic or immunologic reaction and Stevens Johnson Syndrome (2016)

Filed 2016-10-07Decided 2016-11-02Vaccine Tdap
dismissed

Case summary [AI summaries can sometimes make mistakes]

Mary E. Forde filed a petition on October 7, 2016, on her own behalf, alleging that she suffered an allergic or immunologic reaction and Stevens Johnson Syndrome as a result of receiving a tetanus, diphtheria and pertussis (Tdap) vaccine on March 1, 2012.

The respondent was the Secretary of Health and Human Services. During a status conference held on October 5, 2016, with petitioner, petitioner's counsel Simina Vourlis, and respondent's counsel Jennifer Reynaud, Ms.

Forde indicated her wish to dismiss the petition so she could pursue other civil remedies. Petitioner subsequently moved for a decision dismissing her petition, acknowledging that such a judgment would preclude her from further recourse under the Vaccine Program but would preserve her right to file a civil action.

Respondent did not oppose the motion. Special Master Thomas L.

Gowen issued a decision on November 2, 2016, dismissing the case for insufficient proof. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

The public decision does not detail the specific mechanism of causation alleged by the petitioner.

Theory of causation

Petitioner Mary E. Forde alleged that she suffered an allergic or immunologic reaction and Stevens Johnson Syndrome as a result of receiving a tetanus, diphtheria and pertussis (Tdap) vaccine on March 1, 2012. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The case was dismissed for insufficient proof after the petitioner moved to dismiss her petition to pursue other civil remedies, a motion to which the respondent did not object. Special Master Thomas L. Gowen issued the decision on November 2, 2016. Petitioner was represented by Simina Vourlis and respondent by Jennifer Reynaud.

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