Thomisa Brown v. HHS - HPV, alopecia areata resulting in depression (2021)
Case summary [AI summaries can sometimes make mistakes]
Thomisa Brown filed a petition on August 17, 2021, on behalf of her son, B.F., alleging that he suffered vaccine-induced alopecia areata resulting in depression. The petition stated that B.F. received meningococcal (Menactra), tetanus/diphtheria/pertussis, and human papillomavirus (HPV) vaccines on April 5, 2017, and a second dose of the HPV vaccine on April 18, 2018.
Medical records were filed, and the case was reassigned to Chief Special Master Brian H. Corcoran.
The Respondent filed a report on March 18, 2021, asserting that compensation was not appropriate. Following an extension granted on June 22, 2021, for the Petitioner to file an expert report, the Petitioner filed an unopposed motion for decision on August 13, 2021.
This motion requested dismissal of the case, with the Petitioner indicating an intention to preserve her rights to file a civil action in the future and electing to reject a Vaccine Program judgment. The Respondent did not respond to the motion.
Chief Special Master Corcoran granted the motion for dismissal with prejudice. The decision noted that the Petitioner offered no expert report or treater support to attribute B.F.'s condition to the vaccinations.
Furthermore, the onset of symptoms appeared to develop over ten months after the April 5, 2017 vaccines and prior to the second HPV vaccination, which the Special Master found did not appear medically acceptable. The court concluded that the Petitioner had not offered sufficient evidence to meet her burden of proof and that there was insufficient reliable scientific proof for the causation theory.
Consequently, the petition was dismissed with prejudice.
Theory of causation
Petitioner Thomisa Brown, on behalf of B.F., alleged that meningococcal (Menactra), tetanus/diphtheria/pertussis, and human papillomavirus (HPV) vaccines administered on April 5, 2017, and April 18, 2018, caused alopecia areata resulting in depression. The public decision does not describe the specific mechanism of causation or name any experts. The Petitioner filed an unopposed motion for dismissal with prejudice, acknowledging that this would preclude future claims within the Vaccine Program. Chief Special Master Brian H. Corcoran granted the dismissal, noting the absence of expert or treater support for the alleged causation and that symptom onset appeared over ten months after the initial vaccination and prior to the second HPV vaccine, which was deemed medically unacceptable. The decision found insufficient evidence and scientific proof to meet the Petitioner's burden of proof. The case was dismissed with prejudice on September 17, 2021. Attorneys listed were Mark Sadaka for Petitioner and Meghan Murphy for Respondent.
Source PDFs
USCOURTS-cofc-1_20-vv-00375