Adam Gapen v. HHS - Pneumococcal, serum sickness like reaction (SSLR) and significant aggravation of ulcerative colitis (UC) (2022)

Adam Gapen filed a petition alleging that the pneumococcal conjugate (PCV-13) vaccine he received on May 24, 2016, caused him to develop a serum sickness-like reaction (SSLR) and significantly aggravated his pre-existing ulcerative colitis (UC). The court reviewed the evidence, including expert reports from both sides.

Mr. Gapen's experts, Dr.

Jerry Jacob and Dr. John Santoro, argued that the vaccine caused an SSLR which, in turn, aggravated his UC, and also proposed molecular mimicry as a mechanism.

The Secretary's experts, Dr. Emanual Maverakis and Dr.

Randy Longman, countered that Mr. Gapen's UC was active and inadequately controlled prior to vaccination, and that his subsequent symptoms were more consistent with the natural course of his disease and its extraintestinal manifestations, rather than a vaccine reaction.

The court found that Mr. Gapen did not meet his burden of proof.

The decision noted that the rapid onset of symptoms (within two days) was inconsistent with the typical timeline for an SSLR, and that SSLRs are generally short-lived and unlikely to cause chronic complications. Furthermore, the court found Mr.

Gapen's pre-vaccination UC was moderately severe and active, and that his post-vaccination symptoms were better explained by his underlying condition and its treatment course. The theory of molecular mimicry was also found unpersuasive.

Ultimately, the court concluded that Mr. Gapen failed to demonstrate a causal link between the vaccine and a significantly worsened condition, and that the Secretary had met his burden of showing the symptoms were due to factors unrelated to the vaccine.

Therefore, Mr. Gapen was denied compensation.