Virginia Dowling v. HHS - tetanus, immune thrombocytopenic purpura (ITP) (2024)

Virginia Dowling filed a petition alleging that a tetanus vaccination she received on January 14, 2020, caused or significantly aggravated her immune thrombocytopenic purpura (ITP). She filed her petition on August 31, 2022.

The Secretary of Health and Human Services contested entitlement, arguing that Ms. Dowling had not presented a medically appropriate theory to link the tetanus vaccine to ITP or establish a timeframe to infer causation.

The Secretary also noted that it could not be determined if her ITP predated the vaccination due to a lack of recent platelet count records. Ms.

Dowling submitted medical literature and intended to retain an expert, but after the expert's review, she requested additional time. Subsequently, counsel was unable to contact Ms.

Dowling to discuss how she wished to proceed. On June 3, 2024, Ms.

Dowling moved to dismiss her own petition. The court granted the motion, dismissing the case with prejudice for insufficient proof.

Ms. Dowling did not present a medical theory causally connecting the tetanus vaccination to her ITP, nor did she establish the necessary elements for a significant aggravation claim.

The decision was issued on June 28, 2024.