April Ferguson v. HHS - Tdap, immune thrombocytopenic purpura (ITP) (2025)
Case summary [AI summaries can sometimes make mistakes]
On November 6, 2017, April Ferguson, as parent of minor J.F., filed a petition for compensation under the National Vaccine Injury Compensation Program. J.F. received tetanus-diphtheria-acellular pertussis (Tdap), meningococcal conjugate, and influenza (flu) vaccinations on October 23, 2014.
Petitioner alleged that J.F. developed immune thrombocytopenia purpura (ITP) as a result of these vaccinations. J.F. was approximately 10 and a half years old at the time of vaccination.
The respondent argued against compensation. Special Master Nora Beth Dorsey issued a ruling on entitlement on December 10, 2021.
The Special Master found that petitioner provided preponderant evidence that the Tdap vaccine caused J.F.'s ITP, satisfying the burden of proof under Althen v. Secretary of Health & Human Services.
Petitioner's expert, Dr. Edwin Forman, opined that the Tdap vaccine more likely than not caused J.F.'s ITP, citing medical literature supporting a molecular mimicry mechanism and epidemiological studies showing an association between Tdap and ITP.
Respondent's expert, Dr. John Strouse, argued against causation, suggesting a viral infection or idiopathic cause and downplaying the association between Tdap and ITP.
The Special Master found Dr. Forman's opinion more persuasive, particularly regarding the temporal relationship and the lack of alternative causes.
The Special Master determined that J.F.'s condition met the criteria for an off-Table claim, establishing a logical sequence of cause and effect between the Tdap vaccination and the development of ITP. Entitlement was granted on December 10, 2021.
A later damages ruling awarded $250,000 for pain and suffering, health-insurance/life-care items, and no lost wages; the final proffer decision on November 10, 2025 awarded an annuity plus lump sums of $262,646.32 and $38,270.50 for the Ohio Medicaid lien. Petitioner was represented by Richard Gage of Richard Gage, P.C., and respondent was represented by Ryan Daniel Pyles of the U.S.
Department of Justice.
Theory of causation
Tdap, meningococcal conjugate, and influenza vaccines on October 23, 2014, age 10, followed by ITP about 21 days later. COMPENSATED. Petitioner April Ferguson/Jacob Ferguson relied on Dr. Edwin Forman, molecular mimicry, and literature associating Tdap/vaccination with ITP; respondent's Dr. John Strouse proposed viral/idiopathic alternatives. Special Master Dorsey granted entitlement December 10, 2021. Damages ruling July 18, 2025 awarded $250,000 pain and suffering, health-insurance/life-care items, and denied lost wages. Final proffer decision November 10, 2025 awarded an annuity plus lump sums of $262,646.32 and $38,270.50 for the Ohio Medicaid lien.