James F. Dunn v. HHS - Tdap, meningoencephalitis (2020)

James F. Dunn, a 44-year-old adult, received a Tdap vaccine on December 2, 2014.

Approximately 17 days later, he developed headaches, followed by flu-like symptoms and altered mental status, leading to hospitalization with a diagnosis of meningoencephalitis. His condition required intensive care, including intubation for respiratory failure.

Mr. Dunn alleged that the Tdap vaccine caused his illness, presenting expert testimony suggesting an immune-mediated inflammatory response.

Respondent, the Secretary of Health and Human Services, argued that Mr. Dunn failed to prove vaccine causation and contended that his illness was caused by a reactivation of Varicella Zoster Virus (VZV) infection, an alternative factor unrelated to the vaccine.

The court assumed, for the sake of argument, that Mr. Dunn had met his burden of proving vaccine causation, but ultimately found that the respondent had proven by a preponderance of the evidence that VZV reactivation was the principal cause of Mr.

Dunn's meningoencephalitis. This conclusion was supported by evidence including Mr.

Dunn's positive VZV IgG titer, a positive PCR test for VZV from a skin vesicle, and medical literature indicating that VZV reactivation can cause meningoencephalitis, often with neurological symptoms preceding or coinciding with a rash. The court found the treating physicians' notes attributing the illness to the Tdap vaccine less persuasive due to the timing of information available to them.

Consequently, Mr. Dunn's petition was dismissed.