A.B. v. HHS - Tdap, neurocardiogenic syncope (2025)

On August 1, 2018, Jocelyn Banda filed a claim on behalf of her minor child, A.B., alleging that A.B. suffered neurocardiogenic syncope as a result of her August 4, 2015 Tdap vaccination. Respondent filed a report recommending against compensation.

Petitioner submitted expert reports from cardiologist Sammy Zakaria, M.D., who opined that A.B. suffered from dysautonomia following her vaccination, and immunologist David Axelrod, M.D. Respondent submitted responsive expert reports from cardiac electrophysiologist and pharmacist Philip Mar, M.D., Pharm.D., and immunologist Martin Cannon, Ph.D.

Special Master Daniel T. Horner provided preliminary guidance, suggesting that the petitioner was unlikely to prevail and should consider voluntarily dismissing the case, noting similar decisions dismissing claims of vaccine-caused autonomic dysfunction, primarily with regard to the HPV vaccine, and indicating that there did not appear to be better support for the Tdap vaccine as a cause of dysautonomia.

After further expert reports were exchanged, petitioner filed a Motion for a Decision Dismissing her Petition on January 27, 2025, stating that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation. Petitioner acknowledged that a dismissal would result in a judgment against her and end all her rights in the Vaccine Program.

To receive compensation, a petitioner must prove either a "Table Injury" or that an injury was actually caused by a covered vaccine, requiring a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship. The Special Master granted the petitioner's motion, dismissing the petition for failure to establish a prima facie case of entitlement to compensation.

The case was dismissed on February 27, 2025. Petitioner's counsel was Elaine Whitfield Sharp, and respondent's counsel was Benjamin Rex Eisenberg.