Nancy Thomas v. HHS - Tdap, transverse myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
On September 1, 2015, the Estate of Nancy Thomas, by and through Donald Maloney, Sr., as Personal Representative, filed a petition alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on August 29, 2012, caused transverse myelitis (TM). Nancy Thomas, the original petitioner, was born on April 2, 1959.
She died on September 16, 2015, from atherosclerotic and hypertensive cardiovascular diseases, unrelated to the alleged vaccine injury. Donald Maloney, Sr., became the petitioner on January 4, 2016.
Petitioner's counsel indicated that a neurologist would review the case for a supporting expert opinion, with a deadline set for June 13, 2016. However, on June 10, 2016, the petitioner filed a motion to dismiss the petition, stating that an investigation of the facts and science demonstrated an inability to prove entitlement to compensation under the Vaccine Program.
Special Master Laura D. Millman granted the motion and dismissed the case for failure to make a prima facie case of causation in fact.
The public decision does not describe the petitioner's counsel or respondent's counsel by name. The Special Master's decision was issued on June 13, 2016.
The case was dismissed without an award. The public decision does not describe the specific symptoms experienced by Ms.
Thomas beyond dizziness, vision problems, and difficulty walking, nor does it detail the specific medical records reviewed or the mechanism of injury. The decision notes that Ms.
Thomas's mother had progressive supranuclear palsy. The public decision does not mention any specific expert reports filed by the petitioner, only that an expert was being sought.
The respondent did not contest entitlement. The case was brought as an off-Table claim.
The public decision does not provide a breakdown of any award amount, as the case was dismissed.
Theory of causation
Petitioner alleged that a Tdap vaccine administered on August 29, 2012, to Nancy Thomas, born April 2, 1959, caused transverse myelitis (TM). The case was brought as an off-Table claim. Petitioner filed a motion to dismiss the petition, stating an inability to prove causation in fact. Special Master Laura D. Millman granted the motion and dismissed the case on June 13, 2016, for failure to make a prima facie case. The public decision does not describe a specific medical theory connecting the vaccine to TM, nor does it detail a logical sequence of cause and effect or a proximate temporal relationship, other than the vaccination date and the alleged onset of symptoms. No expert report supporting causation was filed by the petitioner. Medical records reviewed by the Special Master did not substantiate the TM diagnosis, with one neurologist noting that MRIs were not consistent with TM and that no medical record diagnosed her with the illness. Petitioner died on September 16, 2015, from cardiovascular disease unrelated to the alleged vaccine injury. The public decision does not provide an award amount as the case was dismissed. Petitioner's counsel was Amber D. Wilson, and respondent's counsel was Lisa A. Watts. Special Master was Laura D. Millman.
Source PDFs
USCOURTS-cofc-1_15-vv-00958