S.B. v. HHS - MMR, nephrotic syndrome (2025)

Kristin Burger, parent of S.B., a minor, filed a petition on July 5, 2022, alleging that the measles, mumps, and rubella (MMR) vaccine administered to S.B. on July 19, 2019, caused him to develop nephrotic syndrome by August 5, 2019. The respondent, the Secretary of Health and Human Services, contested entitlement, arguing that the petitioner had not provided sufficient evidence to establish a causal link between the vaccine and the alleged injury under the Althen prongs.

The petitioner initially submitted medical records and affidavits. On July 20, 2023, the petitioner filed an expert report from Dr.

Jan Kielstein, a German board-certified nephrologist, who opined that the MMR vaccine caused S.B.'s nephrotic syndrome, suggesting mechanisms including systemic T cell dysfunction leading to a glomerular permeability factor. Dr.

Kielstein cited over 15 articles regarding MMR vaccines. The respondent filed an expert report from Dr.

Lawrence Copelovitch on November 2, 2023. The petitioner filed a rebuttal expert report from Dr.

Kielstein on January 4, 2024. On June 6, 2024, the Special Master issued a tentative finding denying entitlement, noting the lack of a proposed theory on how the MMR vaccine might have triggered de novo nephrotic syndrome and the unknown underlying cause of minimal change nephrotic syndrome.

On October 23, 2024, the petitioner submitted an expert report from Dr. S.

Sohail Ahmed, a rheumatologist, who opined that molecular mimicry was the most likely mechanism, triggering an autoimmune disease of nephrotic syndrome. The respondent submitted an expert report from Dr.

Thomas Forsthuber on January 27, 2025. On January 30, 2025, the Special Master issued a second tentative finding denying entitlement.

On March 6, 2025, the petitioner moved for a dismissal of her petition. The Special Master granted the motion, dismissing the case with prejudice due to insufficient proof.

The decision was issued by Special Master Christian J. Moran on March 6, 2025.

The public decision does not describe the specific onset of symptoms, diagnostic tests performed, or treatments received by S.B. The attorneys involved were Edward Kraus for the petitioner and Kimberly Shubert Davey for the respondent.