Tiffany Curry v. HHS - MMR, right frontal intraparenchymal hemorrhage secondary to a ruptured arteriovenous malformation, facial droop, extremity paralysis, brain compression, intracranial hypertension, encephalomalacia, subglottic stenosis, dysphasia, aphasia, and significant aggravation of arteriovenous malformation (2023)
Case summary [AI summaries can sometimes make mistakes]
On December 30, 2020, Tiffany Curry, as the parent and natural guardian of J.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that J.B. received a measles, mumps, and rubella (MMR) and/or a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on January 3, 2018, and subsequently suffered a right frontal intraparenchymal hemorrhage secondary to a ruptured arteriovenous malformation, facial droop, extremity paralysis, brain compression, intracranial hypertension, encephalomalacia, subglottic stenosis, dysphasia, aphasia, and significant aggravation of an arteriovenous malformation.
Petitioner was represented by Bruce W. Slane of the Law Office of Bruce W.
Slane, P.C. Special Master Herbrina D.
Sanders ordered Petitioner to submit an expert report by December 29, 2022. On May 24, 2023, Petitioner filed a motion to dismiss the petition, stating that it was unlikely she could establish entitlement under the Vaccine Program and that further litigation would be unreasonable.
The respondent consented to the motion. Special Master Sanders dismissed the case on June 26, 2023, finding that the record did not show J.B. suffered a "Table Injury" and that the medical records were insufficient to prove vaccine causation.
The public decision does not describe the onset of symptoms, specific medical tests performed, treatments received, or the mechanism of injury. Petitioner had not filed a supportive expert opinion.
No compensation was awarded.
Theory of causation
Petitioner alleged that an MMR and/or Tdap vaccine administered on January 3, 2018, caused or significantly aggravated a right frontal intraparenchymal hemorrhage secondary to a ruptured arteriovenous malformation, facial droop, extremity paralysis, brain compression, intracranial hypertension, encephalomalacia, subglottic stenosis, dysphasia, aphasia, and significant aggravation of an arteriovenous malformation in J.B. The case was dismissed by Special Master Herbrina D. Sanders on June 26, 2023, following Petitioner's motion to dismiss on May 24, 2023, due to the unlikelihood of establishing entitlement and the unreasonableness of further litigation. The Special Master found no evidence of a "Table Injury," insufficient medical records to prove vaccine causation, and no supportive expert opinion filed by the Petitioner. Petitioner was represented by Bruce W. Slane, and the respondent was represented by Austin J. Egan. No award was made.
Source PDFs
USCOURTS-cofc-1_20-vv-02057