A.r.d-C. v. HHS - DTaP, hemophagocytic lymphohistiocytosis (HLH) and acute myeloid leukemia (AML) (2019)

Robert David Dupuch-Carron and Elizabeth Joanna Carron, as legal representatives of the estate of their minor son, A.R.D-C., filed a claim under the National Vaccine Injury Compensation Program on October 7, 2017. A.R.D-C. was born in The Bahamas and received DTaP, IPV, HIB, HBV, Prevnar, and rotavirus vaccines on June 23, 2016, in The Bahamas.

Within two weeks, he developed symptoms including fever, irritability, and reduced appetite, leading to diagnoses of pancytopenia and febrile neutropenia. He was transferred to Miami, Florida, for treatment and diagnosed with hemophagocytic lymphohistiocytosis (HLH).

Later, he was diagnosed with acute myeloid leukemia (AML) and underwent extensive treatment, ultimately passing away on December 24, 2017, from AML. The parents alleged that the AML was a complication resulting from the treatment for vaccine-induced HLH.

The core issue was the petitioners' eligibility under the Vaccine Act, specifically whether A.R.D-C. met the requirement of having received a vaccine outside the United States and then 'returned' to the United States within six months. The Special Master, Thomas L.

Gowen, found that A.R.D-C.'s entry into the United States for medical treatment, after being vaccinated in The Bahamas, did not constitute a 'return' as contemplated by the Act, which requires a more substantial connection to the United States than a temporary visit for medical care. The Special Master denied the petitioners' motion for summary judgment and granted the respondent's, dismissing the petition for lack of eligibility.

The petitioners filed a motion for review, which was heard by Judge Richard A. Hertling.

Judge Hertling reviewed the Special Master's decision de novo and affirmed the dismissal, finding that A.R.D-C.'s entry into the United States for medical treatment did not satisfy the statutory requirement of a 'return' within the context of the Vaccine Act. The petition was dismissed.