J.L.A. v. HHS - DTaP, respiratory distress, hypoxia, hypotonia, pseudoaneuryism, acute flaccid paralysis, polio-like symptoms, acute and severe myopathy, anemia, thrombocytopenia, and fever. DiGeorge syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
On January 17, 2017, Alfreda Alberto and Wilbert Lopez, as representatives of a minor child, J.L.A., filed a petition under the National Childhood Vaccine Injury Act. They alleged that the DTaP, hepatitis B, Hib, Prevnar, and IPV vaccines administered on August 8, 2014, caused J.L.A. to suffer respiratory distress, hypoxia, hypotonia, pseudoaneurysm, acute flaccid paralysis, polio-like symptoms, acute and severe myopathy, anemia, thrombocytopenia, and fever.
The respondent was the Secretary of Health and Human Services. The public decision does not name the petitioner's counsel at the time of filing, but notes Alfreda Albe1io and Wilbert Lopez proceeded pro se after their counsel withdrew.
Colleen C. Hartley represented the respondent.
Special Master Laura D. Millman presided over the case.
The medical records presented a different clinical picture than alleged by the petitioners. On August 9, 2014, the day after vaccination, J.L.A. experienced bronchiolitis with coughing, vomiting, and diarrhea, but no fever.
On August 17, 2014, J.L.A. developed flaccid paralysis, which Dr. Bradley E.
Chipps at Sutter Medical Center attributed to an enteroviral infection. Later, petitioners' former attorney, Martin J.
Martinez, filed a request for an extension of time on September 17, 2017, stating that newly received records from the University of California at Davis changed the merits of the case. These records, which were not filed with the court, reportedly showed that J.L.A. has DiGeorge syndrome, also known as 22q11.2 deletion syndrome.
An unidentified treating doctor was quoted as stating that this condition likely explained many of J.L.A.'s medical problems, including her polio-like illness in infancy due to increased susceptibility to infections and thrombocytopenia. On November 11, 2017, Mr.
Martinez filed a motion to withdraw as counsel, which was granted on November 13, 2017, leaving the petitioners pro se. On November 13, 2017, Special Master Millman issued an Order to Show Cause why the case should not be dismissed, setting a response deadline of November 28, 2017.
The petitioners did not respond to the order. Special Master Millman dismissed the petition on November 29, 2017, for failure to prosecute and failure to obey the Order to Show Cause, pursuant to Vaccine Rule 21(b)(1).
The Special Master also noted that the medical records did not support vaccine causation. Specifically, because J.L.A. was born with DiGeorge syndrome, vaccinations received at four and a half months of age could not have caused it.
Furthermore, the petitioners had not filed any expert opinions to support their allegations. The decision does not detail the specific reasoning of the treating doctor regarding the link between DiGeorge syndrome and the alleged injuries, nor does it name the specific treating doctor.
No compensation was awarded.
Theory of causation
Petitioners alleged that DTaP, hepatitis B, Hib, Prevnar, and IPV vaccines administered on August 8, 2014, to minor J.L.A. (age approximately four and a half months) caused respiratory distress, hypoxia, hypotonia, pseudoaneurysm, acute flaccid paralysis, polio-like symptoms, acute severe myopathy, anemia, thrombocytopenia, fever, and DiGeorge syndrome. The case was dismissed by Special Master Laura D. Millman on November 29, 2017, for failure to prosecute and failure to obey an Order to Show Cause. The medical records indicated that on August 9, 2014, J.L.A. had bronchiolitis with coughing, vomiting, and diarrhea, but no fever. On August 17, 2014, she had flaccid paralysis, attributed by Dr. Bradley E. Chipps to an enteroviral infection. Later records from UC Davis indicated J.L.A. has DiGeorge syndrome (22q11.2 deletion syndrome), with an unidentified treating doctor opining this congenital condition likely explained many of her medical problems, including infection susceptibility and thrombocytopenia. Petitioners did not file any expert opinions supporting vaccine causation. Special Master Millman noted that vaccines administered at four and a half months could not cause a congenital condition like DiGeorge syndrome and dismissed the petition. No award was made. Petitioners were represented pro se after counsel withdrew; respondent was represented by Colleen C. Hartley. Petition filed January 17, 2017.
Source PDFs
USCOURTS-cofc-1_17-vv-00077