Kristen Coons v. HHS - Td/Tetanus, small fiber neuropathy (2024)

On August 25, 2020, Kristen Coons filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a severe neurological injury following a tetanus diphtheria toxoid (Td) vaccination administered on June 23, 2019. The respondent, the Secretary of Health and Human Services, argued against compensation.

The parties stipulated to resolve entitlement through a ruling on the record. Petitioner presented medical records and expert reports from Dr.

David Axelrod and Dr. Mitchell Miglis, who opined that the Td vaccine caused her condition through molecular mimicry, an autoimmune response triggered by similarities between vaccine components and nerve fibers.

Respondent's expert, Dr. Thomas Leist, contended that the Td vaccine is not known to cause small fiber neuropathy, that the three-day onset was too short, and that Petitioner had other pre-existing conditions that could explain her symptoms.

Special Master Nora Beth Dorsey, in a ruling dated March 29, 2024, found that Petitioner had provided preponderant evidence that her Td vaccine caused her neurological condition, small fiber neuropathy, satisfying the Althen standard for causation. The Special Master determined that Petitioner established a sound and reliable medical theory of causation (molecular mimicry), a logical sequence of cause and effect, and a proximate temporal relationship between the vaccination and the onset of symptoms.

On October 15, 2024, the parties submitted a proffer on damages, agreeing to a total award. Special Master Dorsey issued a decision on October 15, 2024, awarding Kristen Coons a total of $144,627.10.

This amount included $130,000.00 for pain and suffering, $14,055.08 for past and future lost earnings, and $572.02 for past unreimbursable expenses. The award was to be paid as a lump sum.