Tandy Hamilton v. HHS - Influenza, thrombocytopenic purpura (2025)

On November 3, 2021, Tandy Hamilton filed a petition under the National Vaccine Injury Compensation Program, alleging he suffered from thrombocytopenic purpura (ITP) after receiving an influenza vaccine on October 29, 2018. Mr.

Hamilton, born November 23, 1951, had a history of ITP dating back to 2008 and also suffered from bleeding hemorrhoids, which were the likely source of an iron deficiency anemia. He had been recommended for a hemorrhoidectomy by Dr.

Jason Weiss. Following his flu vaccination, Mr.

Hamilton experienced mouth blisters and a significant drop in platelet count, leading to hospitalization and treatment with intravenous immunoglobulin (IVIG) and prednisone. His platelet count improved, but he later required another hospitalization for IVIG and rituximab therapy due to persistent thrombocytopenia.

His rituximab therapy concluded on December 12, 2018. Mr.

Hamilton's primary argument was that his ITP, or its complications, lasted more than six months post-vaccination, primarily due to a delay in his hemorrhoid surgery. He contended that his surgeon, Dr.

Weiss, delayed the surgery because of his ITP and rituximab treatment, and that he continued to suffer from anemia and hemorrhoids during this delay. He also argued that his IVIG treatment constituted a surgical intervention.

The respondent argued that Mr. Hamilton's ITP resolved within two months of vaccination, that rituximab was a treatment, not a complication, and that there was no reliable evidence he was advised to wait six months for surgery due to rituximab.

The respondent also contended that IVIG treatment was not a surgical intervention. Special Master Herbrina D.

S. Young reviewed medical records, physician statements, and medical literature.

The Special Master found that Mr. Hamilton failed to provide preponderant evidence that his ITP or its alleged complications met the six-month severity requirement.

The medical records indicated his platelet counts normalized by December 19, 2018, and remained normalized. While Dr.

Choi's letter stated surgery had to be delayed until a higher platelet level was achieved, it did not specify a six-month delay post-vaccination or post-rituximab completion. The Special Master found no medical record evidence supporting a contraindication for surgery for several months after rituximab completion, nor did Dr.

Choi's records indicate a six-month delay was advised. Mr.

Hamilton's own statement about Dr. Choi advising him to wait "a few months" was found inconsistent with the medical records.

Furthermore, the Special Master determined that Mr. Hamilton's IVIG treatment did not qualify as a surgical intervention under the Vaccine Act, referencing the Federal Circuit's decision in Leming v.

Secretary of Health & Human Services, and noting that IVIG administration is typically performed by nurses and not considered surgical in nature. Consequently, Mr.

Hamilton's petition was denied.