Laura Putman v. HHS - MMR, juvenile idiopathic arthritis (2022)
Case summary [AI summaries can sometimes make mistakes]
On December 18, 2019, Laura Putman, as the parent and natural guardian of B.P., a minor, filed a petition alleging that B.P. developed juvenile idiopathic arthritis (JIA) due to a measles, mumps, and rubella (MMR) vaccine administered on November 9, 2017. B.P. was born on July 21, 2016.
Approximately two weeks after vaccination, on December 5, 2017, B.P. began experiencing swelling in her right knee, which was diagnosed as right knee effusion. Over the following months, B.P. was diagnosed with oligoarticular JIA.
Petitioner's expert, Dr. M.
Eric Gershwin, opined that the MMR vaccine, in combination with an intercurrent upper respiratory infection (URI), caused B.P.'s JIA through a mechanism involving cytokine upregulation and molecular mimicry. Respondent's experts, Dr.
Carlos Rose and Dr. Andrew MacGinnitie, disagreed, arguing that Petitioner failed to establish a reliable medical theory connecting the MMR vaccine to JIA, that the evidence did not support the proposed mechanism, and that the timing was not consistent with the theory.
The court found that Petitioner had not preponderantly established that the MMR vaccine could cause JIA or that it was the likely cause of B.P.'s JIA. The court denied entitlement, finding that Petitioner's theory lacked sufficient reliable scientific and medical support and that the evidence did not establish a logical sequence of cause and effect.
The court noted that while the onset of symptoms occurred within a medically acceptable timeframe for an adaptive immune response, this did not overcome the deficiencies in the other Althen prongs. The petition was denied.
The decision was issued by Chief Special Master Brian H. Corcoran on January 31, 2022.
Petitioner's counsel was Amy A. Senerth of Muller & Brazil, LLP.
Respondent's counsel was Christine M. Becer of the U.S.
Department of Justice.
Theory of causation
Petitioner alleged that the MMR vaccine administered on November 9, 2017, to B.P., then approximately 1.31 years old, caused her to develop juvenile idiopathic arthritis (JIA). Petitioner's expert, Dr. M. Eric Gershwin, proposed that the MMR vaccine, in conjunction with an intercurrent upper respiratory infection (URI) occurring shortly after vaccination, triggered B.P.'s JIA. The proposed mechanism involved cytokine upregulation and molecular mimicry, suggesting that the vaccine and infection stimulated the immune system in a way that led to an autoimmune attack on joint tissues. Respondent's experts, Dr. Carlos Rose and Dr. Andrew MacGinnitie, countered that Petitioner failed to establish a reliable medical theory connecting the MMR vaccine to JIA, disputed the proposed pathogenic mechanisms, and argued the timing was inconsistent. The Special Master, Brian H. Corcoran, denied entitlement, finding that Petitioner did not preponderantly establish that the MMR vaccine could cause JIA or that it was the likely cause of B.P.'s JIA. The court found the Petitioner's theory lacked sufficient reliable scientific and medical support and did not establish a logical sequence of cause and effect, despite the symptom onset occurring within a medically acceptable timeframe for an adaptive immune response. The petition was denied. Petitioner was represented by Amy A. Senerth and Respondent by Christine M. Becer.
Source PDFs
USCOURTS-cofc-1_19-vv-01921