VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00077
Package ID: USCOURTS-cofc-1_17-vv-00077
Petitioner: J.L.A.
Filed: 2017-01-17
Decided: 2017-11-29
Vaccine: DTaP, hepatitis B, HiB, Prevnar, IPV
Vaccination date: 2014-08-08
Condition: respiratory distress, hypoxia, hypotonia, pseudoaneuryism, acute flaccid paralysis, polio-like symptoms, acute and severe myopathy, anemia, thrombocytopenia, and fever. DiGeorge syndrome
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00077-2
Date issued/filed: 2017-12-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/29/2017) regarding 44 DECISION of Special Master Signed by Special Master Laura D Millman. (fm) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00077-UNJ Document 47 Filed 12/26/17 Page 1 of 4
REISSUED FOR PUBLICATION
DEC 26 2017
OSM
U.S. COURT OF FEDERAL CLAIMS
3Jn tbe Wniteb qcourt of jfeberal
$tate~ qc[aim~
OFFICE OF SPECIAL MASTERS
No. 17-77V
Filed: November 29, 2017
FIL~EfJ
Not to be Published.
NOV 2 9 2.1j7
*************************************
ALFREDA ALBERTO and WILBERT *
U.S. CG'JriT OF
LOPEZ, representatives of a minor child, * FEDERAL CLAIMS
J.L.A., *
* Diphtheria-tetanus-acellular pertussis
Petitioners, * ("Dtap"), hepatitis B, haemophilus B
* influenzae ("HiB"), pneumococcal
v. * ("Prevnar"), inactivated polio ("IPV")
* vaccines; DiGeorge syndrome; no expert
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Alfreda Albe1io and Wilbe1i Lopez, Sacramento, CA, for petitioners (prose).
Colleen C. Hartley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
On January 17, 2017, petitioners filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that diphtheria-tetanus-acellular pertussis
("Dtap"), hepatitis B, haemophilus B influenzae ("HiB"), pneumococcal ("Prevnar"), and
inactivated polio ("IPV") vaccines administered to their daughter J.L.A. on August 8, 2014
caused her respiratory distress, hypoxia, hypotonia, pseudoaneuryism, acute flaccid paralysis,
polio-like symptoms, acute and severe myopathy, anemia, thrombocytopenia, and fever. Pet. at
~~ 2 and 3.
1 Because this unpublished decision contains a reasoned explanation for the special master's action in this
case, the special master intends to post this unpublished decision on the United States Comt of Federal
Claims' website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012)
(Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that
all decisions of the special masters will be made available to the public unless they contain trade secrets
or commercial or financial information that is privileged and confidential, or medical or similar
information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a
decision is filed, petitioner has 14 days to identify and move to redact such information prior to the
document's disclosure. If the special master, upon review, agrees that the identified material fits within
the banned categories listed above, the special master shall redact such material from public access.

Case 1:17-vv-00077-UNJ Document 47 Filed 12/26/17 Page 2 of 4
On November 13, 2017, the undersigned issued an Order to Show Cause why this case
should not be dismissed, giving petitioners until November 28, 2017 to respond. Petitioners did
not respond.
This petition is now DISMISSED for failure to prosecute and failure to obey the
undersigned's Order to Show Cause, under Vaccine Rule 21(b)(l)
FACTS
On August 8, 2014, J.L.A. received Dtap, hepatitis B, HiB, Prevnar, and IPV
vaccinations. Med. recs. Ex. 1, at I. On August 9, 2014, J.L.A. had bronchiolitis. Med. recs.
Ex. 14, at 5. She had coughing, vomiting, and diarrhea, but no fever. Id. at 3. On August 17,
2014, J.L.A. had flaccid paralysis which Dr. Bradley E. Chipps at Sutter Medical Center noted
was due to an enteroviral infection. Med. recs. Ex. 3, at I.
Petitioners' former attorney Martin J. Martinez filed a request to extend time on
September 17, 2017, stating he had receive 10,000 pages of reports from the University of
California at Davis which "changed the merits of the case ...." Req. at 1-2. Mr. Martinez states
the records (none of which he filed) show that J.L.A. suffers from DiGeorge syndrome,2 known
as 22q 11.2 deletion syndrome, resulting in poor development of several body symptoms. Id. He
quotes an unnamed doctor stating, "This test showed that [J.L.A.] has 22ql 1.2 deletion
syndrome. We reviewed that this condition likely explains many of [J .L.A.' s] medical problems
such as her polio-like illness in infancy, due to increased susceptibility to infections, and
thrombocytopenia." Id. at 2.
On November 11, 2017, Mr. Martinez filed on behalf of petitioners a motion to withdraw
as counsel. On November 13, 2017, the undersigned granted petitioners' motion and they
became pro se.
DISCUSSION
To satisfy their burden of proving causation in fact, petitioners must prove by
preponderant evidence: "(1) a medical theory causally connecting the vaccination and the injury;
(2) a logical sequence of cause and effect showing that the vaccination was the reason for the
injury; and (3) a showing ofa proximate temporal relationship between vaccination and injury."
Althen v. Sec'y of HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005). In Althen, the Federal Circuit
2 Di George syndrome is "a congenital disorder in which defective development of the third and fourth pharyngeal
pouches results in hypoplasia or aplasia of the thymus and parathyroid glands, often associated with congenital heart
defects, anomalies of the great vessels, esophageal atresia, and abnormalities of facial structures. Depending on the
degree of parathyroid and thymic hypoplasia, there are hypocalcemic tetany or seizures due to lack of parathyroid
hormone and deficiency of cell-medicated immunity resulting in increased susceptibility to low-grade or
oppmtunistic pathogens. The syndrome is usually a phenotype of22ql I deletion syndrome ... and is associated
with loss of the T-box gene Tbxl, and even within the phenotype shows variability." Dorland's Illustrated Medical
Dictionaiy 1827-28 (32nd ed. 2012).
2

Case 1:17-vv-00077-UNJ Document 47 Filed 12/26/17 Page 3 of 4
quoted its opinion in Grant v. Secretary of Health and Human Services, 956 F.2d 1144, 1148
(Fed. Cir. 1992):
A persuasive medical theory is demonstrated by "proof of a logical
sequence of cause of and effect showing that the vaccination was
the reason for the injury [,]"the logical sequence being supported
by a "reputable medical or scientific explanation[,]" i.e., "evidence
in the form of scientific studies or expert medical testimony[.]"
418 F.3d at 1278.
Without more, "evidence showing an absence of other causes does not meet petitioner's
affirmative duty to show actual or legal causation." Grant, 956 F.2d at 1149. Mere temporal
association is not sufficient to prove causation in fact. Id. at 1148.
Petitioners must show not only that but for the Dtap, hepatitis B, HiB, Prevnar, and IPV
vaccinations, J.L.A. would not have DiGeorge syndrome, but also that Dtap, hepatitis B, HiB,
Prevnar, and IPV vaccines were substantial factors in causing her DiGeorge syndrome. Shyface
v. Sec'y of HHS, 165 F.3d 1344, 1352 (Fed. Cir. 1999).
Since J.L.A. was born with Di George syndrome, petitioners could not possibly prove that
vaccinations she received at four and-one half months of age caused it. Moreover, the
unidentified treating doctor who discussed the implications of J.L.A. 'shaving DiG eorge
syndrome, stated "this condition likely explains many of [J.L.A.'s] medical problems such as her
polio-like illness in infancy, due to increased susceptibility to infections, and thrombocytopenia."
The Federal Circuit in Capizzano emphasized that the special masters are to evaluate
seriously the opinions of petitioner's treating doctors since "treating physicians are likely to be in
the best position to determine whether a logical sequence of cause and effect show[ s] that the
vaccination was the reason for the injury." 440 F.3d at 1326. See also Broekelschen v. Sec'y of
HHS, 618 F.3d 1339, 1347 (Fed. Cir. 2010); Andreu v. Sec'y of HHS, 569 F.3d 1367, 1375
(Fed. Cir. 2009).
The Vaccine Act, 42 U.S.C. § 300aa-13(a)(l), prohibits the undersigned from ruling for
petitioners based solely on their allegations unsubstantiated by medical records or medical
opinion. The medical records do not support petitioners' allegations. They have not filed an
expert opinion in support of their allegations.
The undersigned DISMISSES this petition for failure to prosecute and failure to obey the
undersigned's Order to Show Cause, under Vaccine Rule 2l(b)(l).
CONCLUSION
The petition is DISMISSED. In the absence of a motion for review filed pursuant to
3

Case 1:17-vv-00077-UNJ Document 47 Filed 12/26/17 Page 4 of 4
RCFC Appendix B, the Clerk of Comi is directed to enter judgment herewith.3
IT IS SO ORDERED.
~{);~
Dated: November 29, 2017
Laura D. Millman
Special Master
3 Pursuant to Vaccine Rule 11 (a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
4