Katherine Doherty v. HHS - Tdap, loss of vision in her left eye, Behcet’s disease, uveitis, and retinal vasculitis, left middle cerebral artery narrowing, and residual effects of said injuries (2021)
Case summary [AI summaries can sometimes make mistakes]
Katherine Doherty filed a petition on November 25, 2017, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination received on June 10 or 11, 2012, caused her to suffer loss of vision in her left eye, Behcet’s disease, uveitis, retinal vasculitis, left middle cerebral artery narrowing, and residual effects of these injuries. The petition was later amended on February 15, 2018.
After reviewing the medical records and expert reports from both parties, Ms. Doherty concluded that she was unlikely to establish entitlement to compensation.
She filed a motion for a decision dismissing her claim on March 26, 2021, understanding that this would result in a judgment against her. The respondent, the Secretary of Health and Human Services, did not contest the dismissal.
Special Master Thomas L. Gowen reviewed the case.
The public decision does not describe the specific symptoms, onset, or diagnostic tests related to Ms. Doherty's condition.
The decision notes that the record did not contain persuasive evidence that the injuries were caused by the vaccine or that the injury was a "Table Injury" as defined by the Vaccine Injury Table. The medical records were described as voluminous and reflected a significantly complex medical history prior to the Tdap vaccination.
Experts for both sides submitted reports, with the respondent's experts opining that Ms. Doherty had undiagnosed Behcet's disease prior to the vaccination and raising other critiques of the claim.
Based on these reports and subsequent review, Ms. Doherty requested the voluntary dismissal.
Special Master Gowen granted the motion to dismiss for insufficient proof, and the Clerk of the Court was ordered to enter judgment accordingly. Petitioner counsel was Joseph L.
Doherty, Jr. of The Doherty Law Firm, and respondent counsel was Althea W. Davis of the U.S.
Department of Justice. The decision was issued on April 19, 2021.
Theory of causation
Petitioner Katherine Doherty alleged that a Tdap vaccination on June 10 or 11, 2012, caused loss of vision in her left eye, Behcet’s disease, uveitis, retinal vasculitis, and left middle cerebral artery narrowing. The petition was filed on November 25, 2017. Petitioner later moved to dismiss her claim on March 26, 2021, concluding she was unlikely to establish entitlement to compensation after reviewing medical records and expert reports. The Special Master found no persuasive evidence of a "Table Injury" or causation-in-fact. The medical records were voluminous and indicated a complex pre-existing medical history. Respondent's experts opined that petitioner had undiagnosed Behcet's disease prior to vaccination. The case was dismissed for insufficient proof by Special Master Thomas L. Gowen on April 19, 2021. Petitioner counsel was Joseph L. Doherty, Jr., and respondent counsel was Althea W. Davis.
Source PDFs
USCOURTS-cofc-1_15-vv-01429