{"package_id":"USCOURTS-cofc-1_16-vv-00997","decision_granule_id":"USCOURTS-cofc-1_16-vv-00997-2","petitioner_identifier":"S.K.","is_minor":1,"age_at_vaccination":0.14,"age_unit_raw":"years","vaccine_type":"Hepatitis B","vaccination_date":"2013-08-21","condition_raw":"atopic eczema dermatitis","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2020-10-05","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:44:30.967111+00:00","number_of_concurrent_vaccines":4,"dose_number":2,"time_to_onset_days":6,"theory_of_causation":"Petitioner alleged that the Hepatitis B vaccine administered on August 21, 2013, caused S.K. to develop atopic dermatitis, and that subsequent DTaP and IPV vaccines on September 18, 2013, significantly aggravated the condition. Petitioner's experts, Drs. Axelrod and Wikas, proposed a theory that vaccine components (latex, yeast) initiated a T2 immune response, leading to atopic dermatitis and its exacerbation. Respondent's experts, Drs. Lobo and Spergel, argued against a causal link, suggesting irritant reactions and alternative causes like food allergies. The Chief Special Master denied the petition, finding insufficient evidence to establish causation for the initial onset of atopic dermatitis from the Hepatitis B vaccine, citing the Grüber epidemiological study and inconsistent timing of symptom onset. The Special Master also found insufficient evidence for significant aggravation by the DTaP and IPV vaccines, concluding the temporal association was not causal. The court upheld the Special Master's decision, finding substantial evidence supported the factual findings and correct application of legal standards, and that the Special Master properly weighed the expert testimony and literature, finding Petitioner's experts less credible than Respondent's. The case was denied entitlement.","is_death":0,"date_of_death":null,"petition_filed_date":"2016-08-12","case_summary":"On August 12, 2016, Anna Perekotiy filed a petition on behalf of her minor child, S.K., seeking compensation under the National Vaccine Injury Compensation Program. The initial petition alleged that S.K. suffered a severe adverse reaction to vaccines. The petition was later amended to allege that S.K. developed atopic dermatitis after receiving the Hepatitis B vaccine on August 21, 2013, and that subsequent DTaP and IPV vaccines administered on September 18, 2013, significantly aggravated her condition. The respondent was the Secretary of Health and Human Services. Petitioner was represented by Andrew D. Downing, and Respondent was represented by Julia Collison and others. Chief Special Master Brian H. Corcoran issued a decision on April 20, 2020, denying the petition. Senior Judge Edward J. Damich reviewed the decision on October 5, 2020, and denied the motion for review.\n\nS.K. was born on July 16, 2013. She received her first Hepatitis B vaccine at birth without reported reaction. On August 21, 2013, she received her second Hepatitis B vaccine, with no adverse reactions documented contemporaneously. Approximately six days after this vaccination, S.K. began exhibiting redness and rash, which was diagnosed as intertrigo and seborrhea on September 16, 2013. Two days later, on September 18, 2013, S.K. received DTaP, Hib, IPV, and pneumococcal vaccines. During this visit, her seborrhea diagnosis was changed to atopic eczema dermatitis. Petitioner reported S.K. had a \"bad reaction to shots causing leg redness\" around November 20, 2013. Subsequent medical records documented persistent rash and eczema on S.K.'s legs and other areas. Allergy testing performed by Dr. Ronald Jorgensen in January and February 2014 indicated potential allergic reactions to DTaP and IPV vaccines, leading him to advise against further vaccinations for at least six months. However, Respondent's experts, Dr. Francis Lobo and Dr. Jonathan Spergel, challenged the interpretation of these tests and the theory of vaccine causation.\n\nPetitioner's experts, Dr. David Axelrod (clinical immunologist) and Dr. Schield Wikas (dermatologist), opined that vaccine components could trigger an allergic reaction leading to atopic dermatitis or its exacerbation. Respondent's experts, Dr. Lobo (clinical immunologist) and Dr. Spergel (allergist and immunologist), countered that the evidence did not support a causal link and that S.K.'s reactions were likely irritant rather than allergic. Dr. Spergel also proposed alternative causes such as exposure to egg via breastmilk.\n\nChief Special Master Corcoran denied the petition, finding that Petitioner failed to prove by a preponderance of the evidence that the Hepatitis B vaccine caused the initial onset of atopic dermatitis. He cited epidemiological studies, such as Grüber, which found no link between vaccination and atopic dermatitis, and noted that the timing of S.K.'s symptoms was inconsistent with medically acceptable timeframes for allergic reactions. He also found that Petitioner did not establish that the DTaP and IPV vaccines significantly aggravated S.K.'s condition, concluding that while S.K.'s condition worsened, the link to the vaccines was not proven to be causal. The Special Master found the Grüber study particularly persuasive and noted that Petitioner's experts were less credible than Respondent's expert, Dr. Spergel.\n\nOn review, Senior Judge Damich upheld the Special Master's decision, finding that the factual findings were supported by substantial evidence and the legal standards were correctly applied. The court found that the Special Master properly weighed the expert testimony and medical literature, giving appropriate deference to the Grüber study and finding the Petitioner's experts less persuasive. The motion for review was denied.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Andrew D. Downing","petitioner_attorney_firm":"Van Cott & Talamante","petitioner_attorney_location":"Phoenix, AZ","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|andrew-downing|","firm_canonical_key":"van-cott-and-talamante","package_title":"PEREKOTIY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00997","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00997.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00997.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_16-vv-00997-0","title":"PEREKOTIY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 02/06/2020) regarding 51 DECISION of Special Master - Interim Attorney's Fees, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.","date_issued":"2020-03-09","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"},{"granule_id":"USCOURTS-cofc-1_16-vv-00997-1","title":"PEREKOTIY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 04/20/2020) regarding 55 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.","date_issued":"2020-05-20","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_16-vv-00997/granules/USCOURTS-cofc-1_16-vv-00997-1/pdf","pdf_bytes":545278,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_16-vv-00997/USCOURTS-cofc-1_16-vv-00997-1"},{"granule_id":"USCOURTS-cofc-1_16-vv-00997-2","title":"PEREKOTIY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"JUDGE VACCINE UNREPORTED OPINION. Signed by Senior Judge Edward J. Damich. (lp1) Service on parties made.","date_issued":"2020-10-05","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_16-vv-00997/granules/USCOURTS-cofc-1_16-vv-00997-2/pdf","pdf_bytes":428134,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_16-vv-00997/USCOURTS-cofc-1_16-vv-00997-2"},{"granule_id":"USCOURTS-cofc-1_16-vv-00997-3","title":"PEREKOTIY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 09/29/2020) regarding 68 DECISION of Special Master - Fees Signed by Chief Special Master Brian H. Corcoran. (omg) Service on parties made.","date_issued":"2020-11-02","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}