K.A. v. HHS - Hepatitis B, urticaria (2018)

The petition was filed on April 30, 2017, by K.A.'s parent, alleging that K.A. developed chronic recurrent urticaria following a third dose of the hepatitis B vaccine administered on September 16, 2014. K.A. had previously received two doses of the hepatitis B vaccine on December 13, 2013, and February 11, 2014.

On the afternoon of September 16, 2014, K.A.'s parents brought him to the pediatrician due to concerns about a rash. The pediatrician noted that the vaccine site on K.A.'s right thigh was clean, dry, and intact, with only mild redness on his right cheek, and observed no other rashes.

Medical records documented intermittent rash concerns in the weeks following the vaccination. On September 30, 2014, K.A.'s mother reported that K.A. had a rash or red patch on his face and arm after naps for approximately three days after the vaccination, which resolved within 30 to 40 minutes.

The vaccination site was also noted to be red and warm. The pediatrician explained that a local reaction was not an allergic reaction and that the reported rash did not appear to be allergic, especially given K.A.'s prior hepatitis B vaccinations.

On October 10, 2014, K.A. presented with a rash and a fever up to 102 degrees; the physician questioned the etiology of the hives. Subsequent medical records from a new pediatrician, Dr.

Raoul Del Mar, repeatedly noted the absence of a rash during visits for common illnesses such as colds, ear infections, gastroenteritis, viral infections, head contusions, and pharyngitis between December 2014 and August 2015. In February 2016, K.A. was seen for a possible strep throat with a temperature of 101.3 degrees, and Dr.

Del Mar noted no rash. In June 2016, an urgent care visit recorded possible diffuse itchy hives as a new problem.

In January 2017, a third pediatrician, Dr. Daniel E.

McCrimons, noted a previous history of hives and swelling after vaccine administration, based on the petitioner's report. In April 2017, an allergist, Dr.

Michael McCormick, diagnosed unspecified urticaria but stated he did not have experience treating children with urticaria after vaccinations. Dr.

McCormick noted that K.A.'s last episode of hives was on June 25, 2016. The medical records did not indicate any treating physician supporting vaccine causation.

Special Master Laura D. Millman granted the petitioner multiple extensions to file an expert report, totaling nearly six months from October 12, 2017.

On April 3, 2018, during a status conference, petitioner's counsel stated that an expert report could not be obtained and that the petitioner authorized dismissal. Special Master Millman dismissed the petition on April 3, 2018, for failure to prove a prima facie case of causation-in-fact.

She found that the medical records did not support a vaccine injury lasting more than six months, that no treating physician supported vaccine causation, and that the petitioner had not filed a supporting expert opinion. No Vaccine Act compensation was awarded.