Andrea Dixon v. HHS - Pentacel, acute flaccid myelitis (AFM) (2021)
Case summary [AI summaries can sometimes make mistakes]
Andrea Dixon, as next friend of J.D., a minor, filed a petition on September 13, 2017, alleging that J.D. suffered acute flaccid myelitis (AFM) as a result of receiving the Pentacel and Prevnar 13 vaccines on September 4, 2014. The petition stated that J.D. was diagnosed with AFM, although an amended petition later alleged the diagnosis was transverse myelitis (TM).
The case was filed as a potential Table injury claim, but the court noted that the record did not contain persuasive evidence of a Table injury. Both parties obtained expert reports regarding causation, and all four experts agreed that J.D. was correctly diagnosed with AFM.
The petitioner did not file supplemental expert reports to address further questions raised by the court regarding causation. Ultimately, the petitioner advised the court that she agreed to a voluntary dismissal of the claim, stating that she was seeking a decision dismissing her claim due to insufficient proof.
The court granted the motion and dismissed the case for insufficient proof, noting that the medical records were insufficient to establish entitlement and that the petitioner had not supported the claim with persuasive evidence of causation. The Special Master was Thomas L.
Gowen. Petitioner's counsel was Scott W.
Rooney, and respondent's counsel was Lara A. Englund.
The decision was issued on March 11, 2021.
Theory of causation
Petitioner Andrea Dixon, as next friend of J.D., a minor, alleged that J.D. suffered acute flaccid myelitis (AFM) or transverse myelitis (TM) as a result of receiving Pentacel and Prevnar 13 vaccines on September 4, 2014. The case was initially considered as a potential Table injury, but the record lacked persuasive evidence of a Table injury, limiting the claim to causation-in-fact. Petitioner filed two expert reports, and respondent filed two responding expert reports. All four experts agreed that J.D. was correctly diagnosed with AFM. The Special Master identified additional questions regarding causation-in-fact, but petitioner did not file supplemental expert reports. Petitioner later averred that the correct diagnosis was TM, but the Special Master found that updated medical records supported the diagnosis of AFM. Petitioner ultimately moved for voluntary dismissal due to insufficient proof. The Special Master, Thomas L. Gowen, granted the motion and dismissed the case on March 11, 2021, finding the medical records insufficient to establish entitlement and lacking persuasive evidence of causation. Petitioner's counsel was Scott W. Rooney, and respondent's counsel was Lara A. Englund.
Source PDFs
USCOURTS-cofc-1_17-vv-01244