B.P. v. HHS - Hepatitis A, pediatric arterial ischemic stroke due to an inflammatory focal cerebral arteriopathy (2022)

Filed 2016-12-29Decided 2022-07-07Vaccine Hepatitis A
deniedcognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

On December 29, 2016, Marcel and Sarah Pelletier filed a petition on behalf of their minor child, B.P., alleging that a Hepatitis A vaccine administered on August 14, 2015, caused her to suffer a pediatric arterial ischemic stroke due to inflammatory focal cerebral arteriopathy (FCA). B.P. was two years old at the time of vaccination.

Symptoms, including left arm weakness and tremor, began approximately 11-12 days after the vaccination, coinciding with a mild fever and vomiting. Medical evaluations revealed a stroke affecting the right basal ganglia, and B.P. was diagnosed with left-sided hemiplegic cerebral palsy.

Petitioners' expert, Dr. Kevin Shapiro, argued that the Hepatitis A vaccine could trigger FCA through an inflammatory and hypercoagulable immune response.

Respondent's expert, Dr. Dana Cummings, contended that a mild, contagious viral illness B.P. likely had two days before symptom onset was a more probable cause, citing medical literature that links infections, but not vaccines, to pediatric stroke.

The court found that Petitioners failed to establish by a preponderance of the evidence that the Hepatitis A vaccine can cause pediatric stroke or that it likely caused B.P.'s injury. The court noted the lack of treating physician opinions attributing the stroke to the vaccine and found the evidence more supportive of a viral illness as the cause.

Therefore, entitlement to compensation was denied. The decision was issued by Chief Special Master Brian H.

Corcoran on July 7, 2022.

Theory of causation

Petitioners alleged that the Hepatitis A vaccine administered on August 14, 2015, to two-year-old B.P. caused a pediatric arterial ischemic stroke due to inflammatory focal cerebral arteriopathy (FCA). Petitioners' expert, Dr. Kevin Shapiro, opined that the Hepatitis A vaccine could trigger FCA through an inflammatory and hypercoagulable immune response, citing literature on vaccine-induced cytokine upregulation and immune complex deposition, and analogous conditions like Henoch-Schonlein Purpura following Hepatitis A infection or vaccination. Respondent's expert, Dr. Dana Cummings, argued that a mild, contagious viral illness B.P. likely contracted two days before symptom onset was a more probable cause, supported by literature linking infections, but not vaccines, to pediatric stroke, and noting that vaccination may even be protective. The Special Master found that Petitioners failed to establish by a preponderance of the evidence that the Hepatitis A vaccine can cause pediatric stroke or that it likely caused B.P.'s injury. The Special Master noted the lack of treating physician opinions attributing the stroke to the vaccine and found the evidence more supportive of a viral illness as the cause. Entitlement was denied. Attorneys for Petitioners were Ronald Craig Homer, Conway Homer, P.C. Attorneys for Respondent were Emilie Williams, U.S. Department of Justice. The decision was issued by Chief Special Master Brian H. Corcoran on July 7, 2022.

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