Nestor Rocha v. HHS - Influenza, vasculitis (2024)
Case summary [AI summaries can sometimes make mistakes]
On February 18, 2016, Omary Rocha, executor for the estate of Nestor Rocha, filed a petition for compensation alleging that an influenza vaccine administered on October 18, 2013, caused Mr. Rocha to develop vasculitis, leading to his death on March 12, 2014.
The respondent, the Secretary of Health and Human Services, disputed the claim of causation. The case involved extensive expert testimony from pathologists, neurologists, and rheumatologists.
Petitioner's experts, Dr. Steven Rostad (pathologist) and Dr.
Lawrence Steinman (neurologist), proposed theories of molecular mimicry and vaccine-induced vasculitis, including a specific theory involving varicella zoster virus vasculitis. Respondent's experts, Dr.
Barbara Ducatman (pathologist) and Dr. Mehrdad Matloubian (rheumatologist), argued that Mr.
Rocha suffered from cryoglobulinemic vasculitis prior to vaccination and that his death was primarily due to influenza infection and its complications, not the vaccine. The Special Master, Christian J.
Moran, considered the medical history, expert opinions, and evidence presented during a hearing held from December 1-3, 2021. The Special Master found that the evidence preponderated in favor of Mr.
Rocha having cryoglobulinemic vasculitis before the vaccination. The public decision does not describe the specific onset of symptoms, diagnostic tests used for vasculitis beyond general descriptions, or specific treatments for vasculitis, other than noting that immunosuppressive medications are typically prescribed.
The Special Master concluded that petitioner failed to establish by a preponderance of the evidence that the flu vaccine caused or worsened Mr. Rocha's condition or contributed to his death.
Therefore, the petition for compensation was denied. Petitioner was represented by Richard Gage, and respondent was represented by Kimberly Shubert Davey.
Theory of causation
Petitioner alleged that an influenza vaccine administered on October 18, 2013, caused Nestor Rocha to develop vasculitis, leading to his death. Petitioner's experts, Dr. Steven Rostad and Dr. Lawrence Steinman, proposed theories of molecular mimicry and vaccine-induced vasculitis, with Dr. Steinman specifically theorizing that the vaccine triggered a latent varicella zoster virus, leading to Ramsay Hunt syndrome and subsequent vasculitis. Respondent's experts, Dr. Barbara Ducatman and Dr. Mehrdad Matloubian, contended that Mr. Rocha had pre-existing cryoglobulinemic vasculitis, unrelated to the vaccine, and that his death was due to influenza infection and its complications. The Special Master found that the evidence preponderated in favor of Mr. Rocha having cryoglobulinemic vasculitis prior to vaccination. The Special Master determined that petitioner failed to establish a logical sequence of cause and effect showing the vaccination was the reason for the injury (Althen prong 2) or a proximate temporal relationship (Althen prong 3), as the condition predated the vaccine. The Special Master also found that the proposed theories of molecular mimicry and vaccine-induced vasculitis were not reliably or persuasively supported by the evidence presented, failing Althen prong 1. The petition was denied. Attorneys for petitioner were Richard Gage and formerly Carol Gallagher; attorney for respondent was Kimberly Shubert Davey. Special Master Christian J. Moran issued the decision on February 23, 2024.
Source PDFs
USCOURTS-cofc-1_16-vv-00241