Sean Tierney v. HHS - Tdap, peripheral neuropathy and dysfunction in his hands (2019)
Case summary [AI summaries can sometimes make mistakes]
Sean Tierney filed a petition on October 9, 2019, on behalf of R.T., a minor, alleging that a tetanus-diphtheria (Tdap) vaccine received on March 8, 2014, caused R.T. to suffer from peripheral neuropathy and dysfunction in his hands. The petition stated that R.T. developed a rash and fever two days after the vaccination and began not using his hands properly about a week later.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report arguing that the petitioner had not met the burden of proof, specifically failing to establish causation in fact and a reliable scientific theory for the injury. The parties exchanged expert reports and supplemental expert reports.
On October 8, 2019, a week before a scheduled entitlement hearing, the petitioner's counsel contacted the court to dismiss the claim, stating that an investigation of the facts and science demonstrated an inability to prove entitlement to compensation. The respondent did not object to the dismissal.
Chief Special Master Brian H. Corcoran noted that the petition lacked sufficient evidence to meet the burden of proof and therefore dismissed the case.
The clerk was ordered to enter judgment in accordance with the decision. The public decision does not describe the specific symptoms, medical tests, treatments, or the names of any experts.
The petitioner's counsel was Dean Michael Googasian, and the respondent's counsel was Robert Paul Coleman III.
Theory of causation
Petitioner alleged that a Tdap vaccine administered on March 8, 2014, caused R.T. to suffer from peripheral neuropathy and dysfunction in his hands, with onset of rash and fever two days post-vaccination and hand dysfunction approximately one week later. The respondent argued that the petitioner failed to establish causation in fact and a reliable scientific theory. The public decision does not detail the specific medical mechanism or scientific theory proposed by the petitioner, nor does it name any experts. The case was dismissed on October 8, 2019, upon petitioner's motion, citing an inability to prove entitlement after investigation of the facts and science, and acknowledging insufficient evidence to meet the burden of proof. Chief Special Master Brian H. Corcoran issued the decision dismissing the case on November 27, 2019. Petitioner's counsel was Dean Michael Googasian, and respondent's counsel was Robert Paul Coleman III.
Source PDFs
USCOURTS-cofc-1_17-vv-00300