Thomas Pelelo v. HHS - HPV, Parsonage-Turner syndrome, a/k/a brachial neuritis (2021)
Case summary [AI summaries can sometimes make mistakes]
On October 10, 2017, Ann Pelelo, mother of Thomas Pelelo, filed a petition on behalf of her son for compensation under the National Vaccine and Injury Compensation Program. The petition alleged that Thomas Pelelo developed Parsonage-Turner syndrome, also known as brachial neuritis, after receiving a human papillomavirus (HPV) vaccine on December 29, 2015.
Thomas Pelelo was born on August 6, 2001, and became 18 years old during the proceedings, at which point he was substituted as the proper petitioner. The petitioner's mother stated that Thomas awoke the morning after the vaccination with numbness and disability of his left arm, experiencing pain and weakness shortly thereafter.
His treating physicians diagnosed him with brachial neuritis, consistent with a potential autoimmune response post-immunization. However, electromyography (EMG) and nerve conduction studies (NCS) performed approximately eight weeks post-vaccination did not corroborate the brachial neuritis diagnosis, showing no electrophysiologic evidence of brachial plexopathy.
Petitioner's expert, Dr. Alan J.
Fink, opined that the HPV vaccine likely caused the brachial neuritis, suggesting potential autoimmune mechanisms and arguing that normal EMG results do not rule out the diagnosis. Respondent's expert, Dr.
Peter Donofrio, contested the diagnosis, emphasizing the negative EMG/NCS results and the lack of reliable scientific proof linking the HPV vaccine to brachial neuritis. The Special Master found that Petitioner failed to meet the burden of proof on the first Althen prong (can cause) because there was insufficient reputable scientific or medical evidence to establish that the HPV vaccine specifically can cause brachial neuritis.
The Special Master also found that the onset of symptoms, within 24 hours of vaccination, was too soon for a medically acceptable immune-mediated case of brachial neuritis. Therefore, the claim was dismissed.
Petitioner was represented by James Cook of Dutton, Daniels, Hines, Kalkhoff, Cook & Swanson, PLC, and Respondent was represented by Catherine Stolar of the U.S. Department of Justice.
The decision was issued by Chief Special Master Brian H. Corcoran on September 9, 2021.
Theory of causation
Petitioner alleged that the HPV vaccine administered on December 29, 2015, caused brachial neuritis. Petitioner's expert, Dr. Alan J. Fink, opined that the HPV vaccine likely caused the brachial neuritis, suggesting potential autoimmune mechanisms and arguing that normal EMG results do not rule out the diagnosis. Dr. Fink proposed theoretical mechanisms including direct antigenic attack on brachial plexus nerves or focal inflammation of nerve vessels, potentially involving autoantibodies, and suggested a genetic predisposition interacting with mechanical injury and vaccine-instigated immune reaction. Respondent's expert, Dr. Peter Donofrio, contested the diagnosis, emphasizing negative EMG/NCS results and the lack of reliable scientific proof linking the HPV vaccine to brachial neuritis. The Special Master found insufficient reputable scientific or medical evidence that the HPV vaccine can cause brachial neuritis (Althen prong one). The Special Master also found that the onset of symptoms within 24 hours of vaccination was too soon for a medically acceptable immune-mediated case of brachial neuritis (Althen prong three). The claim was dismissed. Petitioner was represented by James Cook, and Respondent by Catherine Stolar. Chief Special Master Brian H. Corcoran issued the decision on September 9, 2021.
Source PDFs
USCOURTS-cofc-1_17-vv-01485