P.J. v. HHS - MMR, thrombocytopenia purpura (2022)

Amy J. Johnson, on behalf of her minor daughter P.J., filed a claim under the National Childhood Vaccine Injury Act on January 30, 2019.

The petition alleged that P.J. suffered thrombocytopenia purpura as a result of her April 26, 2016 vaccinations, which included Measles Mumps Rubella (MMR), Haemophilus Influenzae Type B (Hib), Hepatitis A (Hep A), and Pneumococcal (Prevnar 13) vaccines. P.J. was vaccinated on April 26, 2016.

Within nine days of vaccination, she developed a rash and a low-grade fever, which was diagnosed as a viral exanthem. A photograph of this rash was filed, dated May 6, 2016.

During an appointment for an ear infection on May 24, 2016, P.J.'s skin was noted as normal, with no lesions. In early June 2016, P.J. again developed a rash.

On June 9, 2016, P.J. was diagnosed with thrombocytopenia due to a low platelet count. Petitioner's expert, hematologist Clinton F.

Merrill, Jr., M.D., suggested that the onset of thrombocytopenia occurred with the first rash, referencing the May 6, 2016 photograph. However, Dr.

Merrill noted that a complete blood count was not performed at that time, so the assertion could not be definitively proven. Respondent's expert, hematologist Cindy Neunert, M.D., agreed with the treating physician's diagnosis of the May 6, 2016 rash as a viral exanthem.

Dr. Neunert also pointed out that the normal skin examination on May 24, 2016, was inconsistent with an earlier onset of thrombocytopenia, and suggested that the medical records indicated a separate rash onset in early June.

After reviewing Dr. Neunert's report, the petitioner filed a motion to dismiss her petition on June 29, 2022.

Special Master Daniel T. Horner granted the motion to dismiss on July 1, 2022, finding that the petitioner failed to establish a prima facie case of entitlement by a preponderance of the evidence.

No compensation was awarded. Petitioner was represented by Mark Theodore Sadaka of Sadaka Associates, LLC, and respondent was represented by Sarah Black Rifkin of the U.S.

Department of Justice.