Travis Pavlicek v. HHS - MMR, narcolepsy (2021)

Travis Pavlicek filed a petition on October 9, 2019, on behalf of his minor son, C.P., alleging that the Diphtheria, tetanus, and acellular pertussis (DTaP), inactivated poliovirus (IPV), and measles, mumps, and rubella (MMR) vaccines administered on May 8, 2018, caused C.P. to develop narcolepsy. The Secretary of Health and Human Services challenged causation.

The parties submitted expert reports. Petitioner's expert, Dr.

Nahm, proposed a theory of molecular mimicry. Respondent's experts included Dr.

Dye and Dr. MacGinnitie.

The Special Master issued a tentative finding on February 19, 2021, stating that the petitioner had not met the burden of establishing molecular mimicry as a persuasive theory for how vaccines can cause narcolepsy, citing the relative qualifications of the experts and a lack of sufficient evidence regarding appropriate timing to satisfy Althen prong 3. A status conference was held on March 11, 2021, after which petitioner's counsel indicated a desire to consult with Dr.

Steinman before deciding whether to move for dismissal or proceed to briefing. On May 13, 2021, Travis Pavlicek moved to dismiss his own petition.

The respondent did not file a response. The Special Master, Christian J.

Moran, granted the motion. In the decision, the Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine caused the injury.

The Special Master reiterated the findings from the tentative decision, stating that based on the submitted medical records and expert reports, the petitioner had not met the burden of proof. Specifically, Dr.

Nahm's theory of molecular mimicry was found to be insufficiently specific to the vaccine or the body tissue attacked in narcolepsy to meet the burden for Althen prong 1. The petitioner also failed to present sufficiently persuasive evidence for appropriate timing to satisfy Althen prong 3.

Dr. Dye, who was considered to have stronger qualifications in childhood sleep disorders than Dr.

Nahm, opined that C.P. suffered from narcolepsy before vaccination. The Special Master concluded that if prongs 1 or 3 were unlikely to be established, then prong 2 could not be established.

The case was dismissed with prejudice for insufficient proof. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Emilie Williams of the United States Department of Justice. The decision was issued by Special Master Christian J.

Moran on May 28, 2021, and filed on June 23, 2021.