Odaine Tomlinson v. HHS - Hepatitis B, status epilepticus, a seizure disorder, encephalopathy, encephalitis, anaphylaxis (Type III hypersensitivity) and vasovagal syncope (2019)

Filed 2019-04-26Decided 2019-05-28Vaccine Hepatitis B
dismissedcognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

Odaine Tomlinson filed a petition on April 26, 2019, on behalf of his minor child, C.T., alleging that a Hepatitis B vaccine administered on December 17, 2013, caused status epilepticus, a seizure disorder, encephalopathy, encephalitis, anaphylaxis, and vasovagal syncope. C.T. was vaccinated on the day of her birth.

The first documented seizure occurred on January 3, 2019, over five years after the vaccination. The petitioner also mentioned a possible seizure two years prior, but no medical records supported this.

The petitioner, acting pro se, argued that the vaccine was the cause as no other cause was identified and other children in the family had not been vaccinated. During a status conference, the Special Master explained the Vaccine Program, the burden of proof, the distinction between Table and off-Table claims, and the requirement for medical evidence and a proximate temporal relationship.

The decision noted that the five-year gap between vaccination and the first documented seizure was too long to establish a proximate temporal relationship, especially for an off-Table claim. The court also considered the possibility of genetic causes for seizure disorders, noting a family history of seizure disorders in the maternal great-grandmother and aunt.

The public decision does not describe the specific symptoms, medical tests, or treatments for C.T.'s condition beyond the initial seizure and hospitalization. The Special Master found insufficient proof to establish entitlement, as no medical records or competent physician's opinion linked the vaccine to the seizure disorder, and the temporal relationship was not proximate.

Consequently, the petition was dismissed for insufficient proof. Petitioner counsel was Odaine Tomlinson, acting pro se.

Respondent counsel was Heather L. Pearlman.

Special Master was Thomas L. Gowen.

Theory of causation

Petitioner C.T. received a Hepatitis B vaccine on December 17, 2013. The alleged injuries included status epilepticus, a seizure disorder, encephalopathy, encephalitis, anaphylaxis, and vasovagal syncope, with the first documented seizure occurring on January 3, 2019. This case was an off-Table claim. The Special Master, Thomas L. Gowen, dismissed the petition for insufficient proof. The primary reason for dismissal was the lack of a proximate temporal relationship between the vaccination and the alleged injury, with a gap of over five years between the vaccination and the first documented seizure. The petitioner, acting pro se, did not provide medical records or a competent physician's opinion to establish a causal link between the vaccine and the seizure disorder. The Special Master noted the complexity of seizure disorders, potential genetic factors (citing a family history of seizure disorders), and the absence of medical evidence to support the petitioner's claim. No specific medical experts were named in the public decision. The outcome was a dismissal. Attorneys involved were Odaine Tomlinson (pro se) for the petitioner and Heather L. Pearlman for the respondent. The decision date was May 28, 2019.

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