Cori Rivas v. HHS - Tdap, hepatitis/hepatotoxicity and related sequalae, and/or significantly aggravated the condition (2025)

Cori Rivas filed a claim alleging that her Tdap vaccine on August 13, 2018, and hepatitis A and B vaccines on November 5, 2018, caused or aggravated hepatitis/hepatotoxicity. Respondent argued that petitioner failed to present a medical theory connecting the vaccines to her condition, lacked evidence of an appropriate timeframe, and that no treating physicians opined on causation.

The case proceeded to the expert stage, where petitioner submitted a report from a hepatologist, Dr. Gish, and respondent submitted reports from an immunologist, Dr.

MacGinnitie, and a hepatologist, Dr. Crippin.

Petitioner's experts raised concerns about her case, and she struggled to find an immunologist to support her claim due to the expense. Her treating hepatologist, Dr.

Flamm, provided a letter stating that vaccination can stimulate the immune system in patients with underlying autoimmune hepatitis, but did not opine on whether it did so in Ms. Rivas's case or propose a specific mechanism.

Respondent's experts maintained their opinions that her condition was unrelated to the vaccinations, noting issues with timing and the lack of supporting medical literature. The court found that Ms.

Rivas did not meet her burden of proof for a causation-in-fact claim, as she failed to present a minimally persuasive case supported by competent medical evidence. She also failed to respond to an Order to Show Cause.

Consequently, the case was dismissed for insufficient evidence.