E.L. v. HHS - MMR, idiopathic thrombocytopenic purpura (ITP) (2019)

E.L., by his parents Nicole Bailey and Travis Lee, filed a petition on December 13, 2016, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that E.L. developed idiopathic thrombocytopenic purpura (ITP) as a result of the MMR and Tdap vaccinations he received on January 10, 2014.

The respondent contested the claim, arguing that E.L. did not suffer residual effects of ITP for more than six months after vaccination, as required by the Vaccine Act. The parties engaged in extensive briefing and expert reports were filed.

A key issue was the interpretation of medical notations from December 17, 2014, regarding petechiae and ecchymosis. Petitioners' expert, Dr.

Edwin Forman, asserted that these notations indicated E.L. was suffering from ITP for more than six months post-vaccination. Respondent's expert also questioned these notations.

Ultimately, E.L.'s treating physician, Dr. Chinwe Ojukwu, clarified in responses filed on December 6, 2018, that E.L. did not present with symptoms of ITP on December 17, 2014, and that the notations referring to "few petechiae" and "few ecchymosis" were in error and were residual notations from E.L.'s January 10, 2014 visit.

Dr. Ojukwu confirmed that E.L. did not have ITP on December 17, 2014.

In light of this clarification, Petitioners filed a motion to dismiss their claim on January 24, 2019, stating they would be unable to prove entitlement to compensation. The Special Master, Katherine E.

Oler, dismissed the case for insufficient proof, noting that the petition was not supported by sufficient medical records or expert opinion to meet the burden of proof. The public decision does not describe the specific onset of symptoms, diagnostic tests performed, or treatments received for E.L.'s condition.

Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Claudia Barnes Gangi.

The case was reassigned between Special Masters Hastings, Corcoran, and ultimately Oler.