Tasha Loyd v. HHS - Pneumococcal, immune thrombocytopenic purpura (ITP) (2021)
Case summary [AI summaries can sometimes make mistakes]
On July 8, 2016, Tasha Loyd, as parent and next friend of C.L., a minor, filed a petition alleging that C.L. developed immune thrombocytopenic purpura (ITP) caused by the Haemophilus influenza type b (Hib) and/or pneumococcal conjugate (Prevnar) vaccines administered on August 30, 2013. C.L. was born on January 25, 2013.
Petitioner contended that C.L.'s ITP began in September 2013, approximately two weeks after vaccination, and that the Prevnar vaccine was the cause. Respondent argued that C.L.'s ITP likely began in May 2014, approximately nine months after vaccination, and was unrelated to the vaccines.
The Special Master found that the onset of C.L.'s chronic ITP most likely occurred in May 2014, based on medical records showing normal platelet counts in February 2014 and the first documented evidence of ITP symptoms in June 2014. This late onset, nearly nine months after vaccination, was deemed too long to establish a causal link under the Althen prongs.
Furthermore, the Special Master found that Petitioner failed to establish a logical sequence of cause and effect and that the evidence did not preponderantly support that the Prevnar vaccine can cause ITP, particularly chronic ITP. The petition was denied entitlement to compensation.
Petitioner's counsel was Richard Gage. Respondent's counsel was Mary E.
Holmes. The decision was issued by Chief Special Master Brian H.
Corcoran.
Theory of causation
Petitioner alleged that C.L. developed chronic immune thrombocytopenic purpura (ITP) caused by the pneumococcal conjugate (Prevnar) vaccine administered on August 30, 2013. Petitioner's expert, Dr. M. Eric Gershwin, opined that the Prevnar vaccine caused C.L.'s chronic ITP through molecular mimicry, where the vaccine antigen resembles a platelet membrane component, leading to cross-reactivity and platelet destruction. Dr. Gershwin suggested onset occurred within weeks of vaccination, relying on Petitioner's testimony and photographs of bruising from September 2013. Respondent's experts, Dr. John Strouse (pediatric hematologist) and Dr. Andrew MacGinnitie (pediatric immunologist), opined that C.L.'s ITP was unrelated to the vaccine. They argued that the medical records, particularly a normal platelet count in February 2014 and the first documented ITP symptoms in June 2014, indicated an onset in May 2014, approximately nine months post-vaccination. This late onset, they contended, was too long to establish causation. The Special Master found the onset most likely occurred in May 2014, citing the lack of documented symptoms prior to June 2014, the normal February 2014 platelet count, and the unlikelihood of a spontaneous remission followed by relapse. The Special Master also found insufficient evidence that the Prevnar vaccine can cause ITP, particularly chronic ITP, noting a lack of epidemiological studies linking Prevnar to ITP and a speculative mechanism theory. The petition was denied. Attorneys involved were Richard Gage for Petitioner and Mary E. Holmes for Respondent. Chief Special Master Brian H. Corcoran issued the decision on July 1, 2021.
Source PDFs
USCOURTS-cofc-1_16-vv-00811