Cailen McKown v. HHS - HPV, postural orthostatic tachycardia syndrome (POTS), eczema/atopic dermatitis, and urticaria (2019)
Case summary [AI summaries can sometimes make mistakes]
On December 1, 2015, Cailen McKown filed a petition under the National Vaccine Injury Compensation Program, alleging that two doses of the human papillomavirus (HPV) vaccine received on March 20, 2013, and September 3, 2013, along with a hepatitis A vaccine on March 20, 2013, caused or significantly aggravated postural orthostatic tachycardia syndrome (POTS) and skin conditions, including eczema and urticaria. The respondent contested entitlement, and the case was tried before Special Master Brian H.
Corcoran. Petitioner McKown, born January 14, 2000, had a pre-vaccination history that included eczema, dry skin, and recurrent fever blisters.
On March 20, 2013, at a well-child visit, her mother reported recent lightheadedness with position changes and two syncopal episodes in the preceding three months. The pediatrician assessed neurocardiogenic syncope and referred her to cardiology.
At this visit, McKown received her first HPV dose and hepatitis A vaccine without immediate reaction. Approximately five weeks later, on April 26, 2013, she experienced an episode of lightheadedness, headache, and loss of consciousness, leading to an emergency room visit where she was diagnosed with sinusitis and vasovagal syncope.
A cardiologist, Dr. Kenneth Dooley, noted orthostatic blood pressure and pulse changes, and a late May 2013 tilt table test confirmed POTS, for which fludrocortisone was prescribed in July.
McKown's skin complaints emerged in July 2013 with a rash and hives, initially thought to be related to fludrocortisone and later a dairy allergy. Her eczema worsened, and she received her second HPV vaccine dose on September 3, 2013.
Dermatologists diagnosed atopic and contact dermatitis and eczema, with patch testing positive for numerous chemicals. Allergists considered allergic sensitivities or stressors more likely than POTS triggering eczema.
Further evaluations in 2014 by specialists at Emory and the Cleveland Clinic diagnosed atopic dermatitis, chronic urticaria, and other conditions, with skin biopsies showing spongiotic dermatitis consistent with eczema. None of these specialists found evidence of autoimmune vaccine reactions or supported a vaccine connection.
Petitioner's experts, neurologist Dr. Carlo Tornatore and Drs.
Judy Mikovits and Francis Ruscetti, proposed theories linking the HPV and hepatitis A vaccines to autoimmune-mediated POTS and neuroimmune skin inflammation. Respondent's experts, neurologist Dr.
Christopher Gibbons and allergist/immunologist Dr. Andrew MacGinnitie, testified that the vaccines did not cause or worsen eczema or POTS from an immunologic standpoint, and that McKown's symptoms were not indicative of an autoimmune vaccine reaction.
Special Master Corcoran denied entitlement, finding that while McKown's POTS and eczema symptoms worsened after vaccination, this worsening was not vaccine-caused. He concluded that both conditions predated or were emerging around the first vaccination, that petitioner's experts failed to establish a reliable autoimmune mechanism connecting the vaccines to POTS or eczema, that testing did not show expected autoimmune markers, and that treating specialists generally did not support a vaccine connection.
The timing of symptom onset was also found unpersuasive. The petition was denied, and no compensation was awarded.
Clifford J. Shoemaker represented the petitioner, and Debra A.
Filteau Begley represented the respondent.
Theory of causation
Cailen McKown, vaccinated with HPV (Gardasil) on March 20, 2013, and September 3, 2013, and Hepatitis A on March 20, 2013, at age 13.18, allegedly developed Postural Orthostatic Tachycardia Syndrome (POTS) and skin conditions (eczema/atopic dermatitis, urticaria). The petition was denied. The petitioner's theory posited that the HPV and Hepatitis A vaccines triggered immune dysregulation and autoimmunity, leading to autonomic dysfunction and neuroimmune inflammation causing POTS and skin issues. Petitioner's experts included neurologist Dr. Carlo Tornatore (not board-certified in immunology or autonomic medicine) and Drs. Judy Mikovits and Francis Ruscetti. Respondent's experts were neurologist Dr. Christopher Gibbons (specializing in autonomic disorders) and allergist/immunologist Dr. Andrew MacGinnitie. Key evidence included pre-vaccination eczema and dry skin, reported lightheadedness and syncope before the first vaccine dose, a syncopal episode five weeks post-vaccination, a POTS diagnosis via tilt table test, and subsequent eczema flares and urticaria with positive allergy testing. Respondent's experts testified that POTS and eczema are common conditions not typically caused by vaccines, that McKown's symptoms predated vaccination, and that the proposed autoimmune mechanisms were not supported by reliable scientific evidence or her medical records. Special Master Brian H. Corcoran found that while symptoms worsened post-vaccination, causation was not established due to a lack of a reliable medical theory, insufficient evidence of an autoimmune process, and unpersuasive timing. No award was made. made. Attorney for petitioner: Clifford J. Shoemaker. Attorney for respondent: Debra A. Filteau Begley. Decision date: July 15, 2019.
Source PDFs
USCOURTS-cofc-1_15-vv-01451