Camila Do Espirito Santo v. HHS - MMR, missed abortion and subsequent severe preeclampsia (2022)
Case summary [AI summaries can sometimes make mistakes]
Camila Do Espirito Santo filed a petition alleging that she received the measles mumps rubella (MMR) and influenza (flu) vaccinations on October 15, 2016, which resulted in a missed abortion and subsequent severe preeclampsia. The court considered the case on the record.
Petitioner's medical history included migraines and hypogammaglobulinemia. She received the flu and MMR vaccines on October 15, 2016, and a pregnancy test on October 21, 2016, was positive.
She experienced vaginal bleeding and cramping, and ultrasounds indicated a possible failed pregnancy or missed abortion. She underwent a vacuum aspiration on November 23, 2016, confirming a missed abortion.
She later became pregnant again and developed severe preeclampsia, leading to the birth of a healthy baby boy via C-section on June 28, 2018. Petitioner's expert, Dr.
Leslie Hansen Lindner, did not identify a biological mechanism linking the vaccines to the miscarriage and stated there was no obvious cause. Petitioner argued that the live rubella virus in the MMR vaccine could cause miscarriage, citing the CDC's warning about congenital rubella syndrome.
However, the court found no evidence that Petitioner contracted rubella or that the virus was transmitted to the fetus. The court also found no support for the claim that the flu vaccine caused the miscarriage, noting that the literature cited by Petitioner did not establish a causal relationship and that the flu vaccine is recommended for pregnant women.
The court concluded that Petitioner failed to provide preponderant evidence that her vaccines caused her spontaneous abortion and subsequent preeclampsia, and therefore, her claim was dismissed.
Source PDFs
USCOURTS-cofc-1_18-vv-01725