Paul Mondello v. HHS - Hepatitis A, seizure disorder (2018)

Paul Mondello, born October 2, 1943, received a Twinrix hepatitis A and B vaccine on November 15, 2013. He subsequently developed a seizure disorder.

The initial petition was dismissed by the Special Master for lack of evidence of causation. The petitioner appealed, and the Court of Federal Claims reversed, finding that there was at least some evidence suggesting a theory of causation and that the Special Master had erred in assigning the burden of disproving alternative causes to the petitioner.

The case was remanded for further proceedings. On remand, the Special Master heard testimony from Mr.

Mondello and his treating neurologist, Dr. Suzanne Bourque.

Dr. Bourque opined that the vaccine, in combination with Mr.

Mondello's comorbidities and the subsequent administration of cyproheptadine, contributed to his seizures. Respondent presented an expert, Dr.

Thomas Leist, who disagreed, attributing the seizures solely to cyproheptadine and finding no evidence of a vaccine reaction or aseptic meningitis. After considering the evidence, including testimony and expert reports, Special Master Mindy Michaels Roth found that Mr.

Mondello was entitled to compensation, satisfying the Althen prongs for causation. The parties subsequently reached a stipulation for damages, and on March 20, 2018, the court awarded Mr.

Mondello $50,995.29 in compensation. Petitioner was represented by Verne E.

Paradie, Jr., and respondent was represented by Darryl R. Wishard.

The Special Master was Mindy Michaels Roth.