L.L.L.H. v. HHS - DTaP, infant leukemia (2025)
Case summary [AI summaries can sometimes make mistakes]
Jennifer and Lucas Huch, on behalf of their infant son L.L.L.H., filed a petition on May 6, 2021, alleging that L.L.L.H. suffered from a rare form of infant leukemia as a result of DTaP, Hib, IPV, pneumococcal conjugate, rotavirus, and Hepatitis B vaccines received on May 8, 2018. L.L.L.H. was born on October 13, 2017, and received his first Hepatitis B vaccine on that day.
He received multiple doses of various vaccines throughout his first few months of life. On May 16, 2018, following his May 8th vaccinations, he was noted to be fussy, eating less, and had a temperature of 100.1°F, with a diagnosis of an upper respiratory infection.
Two days later, on May 18, 2018, he presented to the ER with increased fussiness, decreased sleep, and a choking episode due to mucous, diagnosed with likely gastroenteritis. The next day, May 19, 2018, he experienced episodes of staring with upper arm shaking and turning red, and was admitted to the hospital for further workup.
A bone marrow evaluation on May 29, 2018, revealed evidence of infant B-cell acute lymphoblastic leukemia (B-ALL), and he was diagnosed with B-ALL. Treatment was initiated, and he underwent chemotherapy.
The case progressed with multiple extensions granted for petitioners to file expert reports to support their claim of vaccine causation. However, petitioners were unable to obtain an expert hematologist/oncologist who could opine that vaccines contribute to the cause of B-ALL.
The court expressed concerns about the insufficiency of the initial expert reports and warned that failure to provide persuasive evidence of causation from a qualified expert would lead to dismissal. Despite numerous opportunities and extensions, petitioners ultimately conceded they could not file a supporting expert report.
Consequently, the court, per Special Master Nora Beth Dorsey, dismissed the case for failure to prosecute and insufficient proof, as petitioners could not establish by preponderant evidence that L.L.L.H.'s leukemia was caused by his vaccines. Petitioner counsel was Curtis R.
Webb, and respondent counsel was Madylan Louise Yarc. The decision was issued on April 2, 2025.
Theory of causation
Petitioners alleged that L.L.L.H. suffered from infant B-cell acute lymphoblastic leukemia (B-ALL) as a result of DTaP, Hib, IPV, pneumococcal conjugate, rotavirus, and Hepatitis B vaccines received on May 8, 2018, alleging "vaccination overload to the immune system." The theory was off-Table. Petitioners filed expert reports from Dr. Marcel Kinsbourne (pediatric neurologist) and Dr. Vera Byers (allergist/immunologist), but the Special Master found Dr. Kinsbourne unqualified and his report lacking evidence of vaccine causation for B-ALL, and Dr. Byers' opinion conclusory and underdeveloped. Respondent filed rebuttal reports from Dr. Kenneth McClain (pediatric hematologist/oncologist) and Dr. Christine McCusker (pediatric allergist/immunologist). Petitioners were repeatedly given opportunities to file an expert report from a qualified hematologist/oncologist to establish causation but failed to do so, ultimately conceding their inability to obtain such a report. The Special Master, Nora Beth Dorsey, dismissed the case on April 2, 2025, for failure to prosecute and insufficient proof, finding that Petitioners could not establish by preponderant evidence, as required by Althen v. Sec'y of Health & Hum. Servs., 418 F.3d 1274 (Fed. Cir. 2005), a medical theory causally connecting the vaccination and the injury, a logical sequence of cause and effect, or a proximate temporal relationship. Petitioner counsel was Curtis R. Webb, and respondent counsel was Madylan Louise Yarc.
Source PDFs
USCOURTS-cofc-1_21-vv-01335