Rus v. Secretary of Health and Human Services

129 Fed. Cl. 672, 2016 U.S. Claims LEXIS 1957, 2016 WL 7495855
United States Court of Federal Claims·Decided December 8, 2016·No. No 12-631V·Published·Cited by 15 cases

Opinion

National Childhood Vaccine Injury Act (“Vaccine Act”), 42 U.S.C. § 300aa-1 to -34 (2012).

MEMORANDUM OPINION AND ORDER

GRIGGSBY, Judge

I. INTRODUCTION

Petitioners, Grzegorz and Agnieszka Rus, parents of A.R., a minor child, seek review of the June 23, 2016, decision of the special master denying them claim for compensation under the National Childhood Vaccine Injury Act (“Vaccine Act”), 42 U.S.C. § 300aa-l to - 34 (2012). Petitioners allege that their minor child suffers from nephrotic syndrome, resulting from a hepatitis A vaccination that she received on October 30, 2009. For the reasons set forth below, the Court DENIES petitioners’ motion for review and SUSTAINS the decision of the special master.

II. FACTUAL AND PROCEDURAL BACKGROUND 1

A. Factual Background

1. A.R.’s Medical History

The medical history of petitioners’ daughter, A.R., is discussed in detail in the special master’s June 23, 2016, decision (“Special Master’s Decision”) and can be briefly summarized here. Rus v. Sec’y of Health & Human Servs., No. 12-631V, 2016 WL 4013709 (Fed. Cl. Spec. Mstr. June 23, 2016). A.R. was born on August 31, 2006. Dec. at *2; Pet. Ex. 1 at 1. A.R. has no family history of kidney or renal disease, or nephrotic syndrome. Dec. at *1; TR at 12. Today, A.R. has nephrotic syndrome, defined by symptoms such as protein in the urine, low blood protein levels, edema (swelling) and high cholesterol. TR at 46; Resp. Brief at n.2.

On October 30, 2009, A.R. visited her pediatrician for her 3-year well-child visit, where she was noted to be a healthy child that was developing normally. Dec. at *1; TR at 30-32. During this visit, A.R. received her first hepatitis A vaccination. Dec. at *1; TR at 32; Pet. Ex. 2 at 1.

On October 31,2009, A.R. was taken to the hospital due to fever and a febrile seizure. Dec. at *2; TR at 33-34, 40; Pet. Ex. 3 at 46. A.R.’s hospital records show that A.R. had a body temperature of 104.1 F at the time, and *675 that A.R. did not present with edema. Pet. Ex. 3 at 46; TR at 39. The attending physician’s notes in A.R.’s hospital record for this visit state that “I suspect that the child had a febrile seizure tonight, which was brought on by the fever, which is likely secondary to her being vaccinated 2 days ago.” Pet. Ex. 3 at 46; see also Dec. at *2.

Laboratory results from tests done on November 1, 2009, show that A.R.’s albumin-a blood protein that when low, indicates malnutrition, liver problems, or that the patient is spilling protein into the urine-was normal. Dec. at *2; TR at 37-38; Pet. Ex. 12 at 3. In addition, these tests show that A.R.’s total blood protein was slightly decreased, and her urine protein was elevated. Dec. at *2; TR at 36; Pet. Ex. 12 at 3.

After being discharged from the hospital, A.R. visited her pediatrician on November 1, 2009. Dec. at *2. During this visit, A.R.’s pediatrician noted that A.R. had a wet cough and an upper respiratory infection. Id. On November 4, 2009, A.R. visited her pediatrician again. Id.; TR at 42. During this subsequent visit, A.R.’s pediatrician observed that A.R. had facial swelling. Dec. at *2. During this visit, A.R.’s pediatrician performed laboratory tests which showed decreased albumin, decreased total blood protein, marked proteinuria 2 , high triglycerides and high cholesterol. Id.; Pet. Ex. 3 at 79. It is undisputed in this matter that A.R. suffered from diagnosable nephrotic syndrome at the time of her November 4, 2009, visit to the pediatrician. Dee. at *8; Pet. Mot. at 10-11; TR at 47-50.

A.R. subséquently visited her pediatrician on November 5, 2009, and November 9, 2009. Dec. at *2. During these visits, the pediatrician observed that A.R.’s facial swelling had decreased and that she seemed to be recovering. Id. On November 11,2009, A.R. visited a nephrologist, Dr. Jeff Stein. TR at 171.

In January 2010, A.R.’s nephrotic syndrome went into remission. Pet. Ex. 4 at 8. However, A.R. has experienced at least two relapses of these symptoms since that time. Dee. at *2.

2. Nephrotic Syndrome

Nephrotic syndrome is a kidney disorder that causes, among other things, the body to excrete too much protein into the urine. TR at 46. Nephrotic syndrome commonly involves symptoms such as protein in the urine, low blood protein levels, edema and high cholesterol. TR at 46; Resp. Ex. A at 2, 6.

When a person suffers from nephrotic syndrome, a breakdown in the kidney’s ability to keep proteins in the blood and out of the urine occurs. TR at 76-78. In this regard, the glomerular basement membrane (“GBM”) in the kidneys is responsible for keeping blood out of the urine. Id. at 72, 76. The GBM is comprised of several different types of cells,' including podocytes and foot processes. Id. at 76-77.

3. The Entitlement Hearing

On September 25, 2012, petitioners filed a petition for vaccine compensation on behalf of A.R. under the Vaccine Act. Dec. at *1; see generally Pet. Petition. The special master convened an entitlement hearing on petitioners’ claim for compensation under the Vaccine Act on September 17, 2015. Dec. at *1; see generally TR.

During the entitlement hearing, Agnieszka Rus and petitioners’ medical expert, Dr. Jan T. Kielstein, testified on behalf of the petitioners. See generally TR. The government’s medical expert, Dr. Bernard S. Kaplan, testified on behalf of the respondent. Id.

Ms. Rus testified that A.R. was a healthy, lively child prior to October 30, 2009. Id. at 9. Ms. Rus further testified that A.R. did not have a family history of nephrotic syndrome. Id. at 12.

Dr. Kielstein is currently an Associate Professor of Medicine at the Department of Internal Medicine in the Division of Nephrolo-gy and Hypertension at the Medical School in Hannover, Germany. Pet. Ex. 13 át 1. During the entitlement hearing, Dr. Kielstein opined that the hepatitis A vaccination *676 caused A.R.’s nephrotic syndrome. TR at 86-87. Dr. Kielstein also put forward two medical theories to support this opinion: (1) a specific T-cell response (the “T-cell medical theory”) and (2) an inflammatory cykotine response to the vaccination that alters a unspecific pathway involving angiopoietin-like 4 (“ANGPTL4 medical theory”). Id. at 72-86,

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Rus v. Secretary of Health and Human Services, 129 Fed. Cl. 672, 2016 U.S. Claims LEXIS 1957, 2016 WL 7495855 (uscfc 2016).

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