Keith and Beverly Langland, on Behalf of Their Daughter, M.L.] v. Secretary of Helath and Human Services

109 Fed. Cl. 421
CourtUnited States Court of Federal Claims
DecidedFebruary 26, 2013
Docket07-36V
StatusPublished
Cited by125 cases

This text of 109 Fed. Cl. 421 (Keith and Beverly Langland, on Behalf of Their Daughter, M.L.] v. Secretary of Helath and Human Services) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keith and Beverly Langland, on Behalf of Their Daughter, M.L.] v. Secretary of Helath and Human Services, 109 Fed. Cl. 421 (uscfc 2013).

Opinion

Vaccine Act off-table case; Althen-, DTaP; celiac disease; absence of plausible medical theory of causation; statements of treating physicians; document referenced in expert report as party admission; no appropriate temporal association without reputable explanation of mechanism.

OPINION AND ORDER 1

WOLSKI, Judge.

Petitioners Keith and Beverly Langland have moved for a review of Special Master *425 Richard B. Abell’s decision that petitioners are not entitled to compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10-300aa-34 (“Vaccine Act” or “Act”). The petition was filed by Mr. and Mrs. Langland on behalf of their daughter, [M.L.], contending that [M.L.] suffered from a “neurologically regressive reaction” and the onset of celiac disease as a result of the diphtheria, tetanus and pertussis (“DTaP”) and inactivated polio (“IPV”) vaccines administered on January 28, 2004. Pet. at 1-2. Petitioners raised three objections to the Special Master’s decision, arguing that his decision was arbitrary and capricious, an abuse of discretion, and not in accordance with the law. See Pet’rs’ Mot. For Rev. at 2. According to petitioners, the Special Master disregarded statements of treating physicians and an admission of respondent, rejected what they characterize as a biologically plausible theory of causation, and failed to follow the standards of Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed.Cir.2005). For the reasons stated below, the Court DENIES petitioners’ motion and SUSTAINS the decision of the Special Master.

I. BACKGROUND

A. The Vaccination and Diagnosis of Ce-liac Disease

[M.L.], the daughter of Keith and Beverly Langland, was born on [XXXX], 2002. Pet’rs’ Ex. 12 at 15. She was fed soy formula as an infant, and her parents added rice cereal and sweet potatoes to her diet by her six-month visit. Pet’rs’ Ex. 3 at 2018; Pet’rs’ Ex. 3 at 2009. At her twelve-month visit, her parents reported a diet of whole milk. Pet’rs’ Ex. 3 at 2002. At [M.L.]’s 18-month visit, her growth and development were exhibited by the ability to use “mature jargon-ing,” speak at least six words, point to five body parts, run and kick a ball. Pet’rs’ Ex. 3 at 1984. By that time, she had a diet of three meals a day. Id.

[M.L.] received her first dose of the DTaP vaccine on October 4, 2002. Pet’rs’ Ex. 8 at 1. Subsequent shots were administered on December 13, 2002 and February 5, 2003. Id. During [M.L.J’s 18-month visit on January 28, 2004, Dr. Pamela Carrington-Cooper noted that she had no previous reaction to these vaccines. 2 Pet’rs’ Ex. 3 at 1984. [M.L.] did, however, show symptoms of fever, low appetite, coughing with vomiting, and an ear infection at an acute care visit on December 24, 2003. Id. at 1985.

On January 28, 2004, [M.L.] received her fourth DTaP vaccination and third polio vaccination. Pet’rs’ Ex. 8 at 1. After returning home, she vomited twice, and developed a lowgrade fever and diarrhea. Pet’rs’ Ex. 10 ¶ 5. She made a pediatric acute care visit on February 13, 2004, after two and a half weeks of intermittent vomiting and diarrhea. Pet’rs’ Ex. 3 at 1982. During this time, she also “developed a yeast rash in the diaper area” and suffered from flu-like symptoms. Pet’rs’ Ex. 7 at 6. She was reportedly not playing well, wanting only to sit on her mother’s lap. Pet’rs’ Ex. 3 at 1982. Doctor Car-rington-Cooper observed that she had abdominal distension. Id. at 1983. A complete abdominal sonogram showed that her bowel had fluid-filled segments, which appeared to contain gas. Pet’rs’ Ex. 5 at 3.

[M.L.] made another acute care visit on February 16, 2004, during which the Lang-lands reported concerns about her development: she had not been speaking as much in the last two weeks and did not want to play •with siblings. Pet’rs’ Ex. 3 at 1980. Her vomiting and diarrhea had persisted. Id. at 1981. [M.L.] returned to make another *426 acute care visit on February 20, 2004. Id. at 3 at 1978. In addition to her previous symptoms, Dr. Cooper-Carrington also reported staring spells, in which [M.L.] would look a couple of minutes into space with eyes blinking but not otherwise responding. Id. at 1978-79. As part of her family history, the doctor also noted that a maternal aunt of [M.L.]’s had celiac disease. Id. at 1978. The doctor referred her to specialists. Id. at 1979.

On February 27, 2004, [M.L.] was examined by Dr. Julie Buckley, who found that she had a bloated and tense abdomen. Pet’rs’ Ex. 7 at 6. Her parents reported to Dr. Buckley that [M.L.] received vaccinations on January 28 and threw up on the way home. Id. 3 She had “diarrhea and intermittent vomiting that [the] parents have associated w[ith] immunizations along w[ith] regressive behaviors.” Id. Her mother had stopped giving her milk and resumed baby foods on February 16, and apparently stopped feeding her wheat on February 22. Id.

[M.L.] saw Dr. Jonathan Evans, a gas-troenterologist, on March 3, 2004. Pet’rs’ Ex. 4 at 22. Her parents reported to Dr. Evans that she had a viral-type illness in December and became ill again on January 28, 2004. Id. They also reported the child’s physical symptoms, as well as the behavioral change from a happy, playful child to one who was often irritable. Id. Doctor Evans noted [M.L.]’s allergy to milk and a maternal great aunt with celiac disease. Id. at 22-23. The doctor recommended screening for celiac disease because of her family history. Id. at 23. On March 16, 2004, [M.L.] had a panen-doscopy, with a duodenal biopsy and a gastric biopsy. Pet’rs’ Ex. 4 at 35-36. The biopsy found chronic duodenitis consistent with celiac disease. Id. at 36. Doctor Evans, who conducted the panendoscopy, shared the celiac disease diagnosis with Mrs. Langland on March 18, 2004. Id. at 14.

Doctor William Turk, a neurologist, saw [M.L.] in consultation on March 12, 2004. Pet’rs’ Ex. 4 at 16. According to Dr. Turk’s eorrespondenee with Dr. Carrington-Cooper, [M.L.]’s parents reported that all her difficulties began in January on the day she received some immunizations. Id. The doctor recorded the impression that [M.L.] had a “history of an illness that began coincident with immunizations in January.” Id. at 17. Both her MRI and EEG results were normal. Id. He felt that [M.L.]’s change in behavior was linked to a systemic and chronic illness, rather than autistic disorder. Id.

Subsequently, the Langlands switched to a gluten-free, casein-free diet for [M.L.]. Pet’rs’ Ex. 4 at 8; Pet’rs’ Ex. 7 at 4-5.

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