Indigo Grant v. HHS - Hepatitis B, various skin conditions (including a staph infection, skin lesions, and a rash) (2019)
Case summary [AI summaries can sometimes make mistakes]
On November 2, 2016, Indigo Grant, as parent and natural guardian of her infant son M.G., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. She alleged that M.G. suffered from various skin conditions, including a staph infection, skin lesions, and a rash, after receiving a Hepatitis B vaccine on November 6, 2013, unspecified vaccines in December 2013, and the DTaP, IPV, Hepatitis B, Hib, rotavirus, and pneumococcal vaccines on January 16, 2014.
The respondent opposed compensation, arguing that any rash or skin reaction occurred too long after the first vaccination to be causal and that the symptoms appeared to be atopic eczema rather than a vaccine reaction. Petitioner later amended her petition to allege significant aggravation of her son's condition if the onset was considered too remote from the November 2013 Hepatitis B vaccination.
Petitioner's initial expert, Dr. Alan Levin, a pathologist and immunologist, filed a report that Special Master Brian H.
Corcoran found conclusory and insufficient regarding the significant-aggravation theory. Respondent's expert, Dr.
Markus Boos, a pediatric dermatologist, provided a well-supported opinion that M.G.'s rash was atopic dermatitis and that the medical records did not corroborate aggravation after the December 2013 or January 2014 vaccinations. After petitioner's counsel withdrew in August 2018, Ms.
Grant proceeded as a pro se litigant. The Special Master had previously ordered Petitioner to file a supplemental expert report, preferably from a dermatologist, to address Dr.
Boos's opinion or supplement Dr. Levin's report, warning that the case risked dismissal without one.
Petitioner missed multiple deadlines for this report, including extensions granted after she became pro se. She also failed to respond to a show-cause order issued on December 17, 2018.
On January 18, 2019, Special Master Corcoran dismissed the case for both failure to prosecute and insufficient proof. He found that the medical records did not support a Table injury or vaccine causation, and that petitioner could not prevail on her allegations alone without adequate medical record or expert support.
The decision was reissued for publication on March 6, 2019.
Theory of causation
Petitioner alleged that M.G. suffered various skin conditions, including a staph infection, skin lesions, and a rash, allegedly caused or significantly aggravated by a Hep B vaccine on November 6, 2013, unspecified vaccines in December 2013, and DTaP, IPV, Hep B, Hib, rotavirus, and pneumococcal vaccines on January 16, 2014. The case was DISMISSED with no compensation awarded. Respondent argued that the timing of the alleged reaction was too remote from the vaccination and that the symptoms were consistent with atopic eczema. Petitioner's expert, Dr. Alan Levin (pathologist/immunologist), submitted a report deemed conclusory and insufficient on the significant aggravation theory. Respondent's expert, Dr. Markus Boos (pediatric dermatologist), opined that M.G.'s rash was atopic dermatitis and that the medical records did not support post-vaccination aggravation. After petitioner's counsel withdrew, the pro se petitioner repeatedly missed deadlines for filing a supplemental expert report, despite warnings of dismissal and multiple extensions. Special Master Brian H. Corcoran dismissed the case on January 18, 2019, for failure to prosecute and insufficient proof, finding no Table injury or vaccine causation supported by the record or expert testimony. Petitioner Indigo Grant, proceeding pro se, filed the petition on November 2, 2016. The decision was issued January 18, 2019, and reissued for publication March 6, 2019.
Source PDFs
USCOURTS-cofc-1_16-vv-01446