Jennifer Locane v. HHS - Hepatitis B, Crohn's disease (2011)

Jennifer Locane, born July 14, 1983, filed a petition for compensation under the National Childhood Vaccine Injury Act on August 4, 1999, alleging that the hepatitis B vaccine caused her to develop Crohn's disease or significantly aggravated a pre-existing condition. Locane received her first dose of the hepatitis B vaccine on August 29, 1997, at age fourteen.

Within two weeks, she developed gastrointestinal symptoms including stomach cramps, nausea, loose stools, and decreased appetite, followed by significant weight loss. She was diagnosed with Crohn's disease in November 1997.

The special master, crediting the testimony of respondent's expert Dr. Andrew S.

Warner over petitioner's experts Dr. Joseph A.

Bellanti and Dr. Meyer Solny, found that Locane's Crohn's disease had its onset prior to her vaccination.

This finding was based on Dr. Warner's analysis of Locane's growth charts, which indicated a reduction in growth velocity starting at age thirteen, a year before her vaccination.

The special master concluded that because the disease predated the vaccination, the vaccine could not have caused it. The special master also considered the theory of significant aggravation, finding that Locane's symptoms and disease course were typical for Crohn's disease and not significantly worsened by the vaccination.

The special master noted that Locane's gastrointestinal flare-ups following her first and third vaccinations were not persuasive evidence of aggravation, particularly since she did not experience a similar reaction after her second vaccination and had other flare-ups not preceded by a vaccine dose. The United States Court of Appeals for the Federal Circuit affirmed the special master's decision, finding no arbitrary or capricious error in the factual determination of onset prior to vaccination or in the denial of compensation for significant aggravation.

The court also held that an Althen causation analysis was not required once the special master determined the disease predated the vaccination. The petition was denied.

Petitioner was represented by counsel, and respondent was represented by counsel. The Special Master was Christian J.

Moran, and the Judge was Christine O.C. Miller.