Christopher Lane v. HHS - Influenza, immune thrombocytopenic purpura (ITP) (2024)

Filed 2019-04-04Decided 2024-09-04Vaccine Influenza
compensated$228,921

Case summary [AI summaries can sometimes make mistakes]

On April 4, 2019, Christopher Lane filed a petition alleging that vaccines administered on November 1, 2017, caused immune thrombocytopenic purpura. He was 41 years old and in good health before receiving influenza, hepatitis A, and typhoid vaccines.

Because typhoid vaccine is not covered by the Vaccine Act, the entitlement analysis focused on the covered vaccines, especially the influenza vaccine. Within roughly a week, Mr.

Lane developed petechiae and bleeding gums. He was hospitalized in November 2017 with critically low platelets and diagnosed with ITP.

He required a second hospitalization later that month, platelet support, and additional treatment. Conservative therapy failed to provide durable control, and he underwent splenectomy in February 2018.

His ITP then became a long-lasting condition. Special Master Moran credited the opinion of petitioner's hematology expert, Dr.

Jerry Spivak, over respondent's expert, Dr. Cindy Neunert.

The decision relied on epidemiologic literature, including Garbe, and an immune-complex mechanism to find that influenza vaccination can cause ITP. The timing of Mr.

Lane's petechiae and bleeding was medically acceptable, and the record did not identify a more likely alternative cause. Entitlement was granted on June 7, 2024.

On September 4, 2024, the Court awarded damages totaling $228,921.56: $115,000.00 for pain and suffering, $3,391.93 for past unreimbursable expenses, and $110,529.63 to satisfy a California Medi-Cal lien. Mr.

Lane was represented by Diana Stadelnikas.

Theory of causation

Influenza, hepatitis A, and typhoid vaccines, November 1, 2017, age 41, causing immune thrombocytopenic purpura; typhoid is not covered, so the entitlement analysis focused on covered vaccines, especially influenza. ENTITLEMENT GRANTED June 7, 2024; COMPENSATED September 4, 2024. Key evidence: petechiae and bleeding gums within about 7-10 days, critically low platelets, hospitalizations, failed conservative treatment, splenectomy, treating hematology support, petitioner expert Dr. Jerry Spivak, respondent expert Dr. Cindy Neunert, Garbe epidemiology, and immune-complex theory. Award: $115,000 pain/suffering + $3,391.93 expenses to petitioner and $110,529.63 California Medi-Cal lien, total $228,921.56. Attorney Diana Stadelnikas.

Source PDFs 3 total · 2 downloaded