{"package_id":"USCOURTS-cofc-1_02-vv-00095","decision_granule_id":"USCOURTS-cofc-1_02-vv-00095-1","petitioner_identifier":"JMF","is_minor":1,"age_at_vaccination":0.13,"age_unit_raw":"years","vaccine_type":"MMR","vaccination_date":"1999-02-10","condition_raw":"autism disorder","condition_category":"ASD_autism","autism_spectrum_adjacent":1,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2018-02-07","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:35:03.443815+00:00","number_of_concurrent_vaccines":3,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioners alleged that the MMR vaccine, administered on February 10, 1999, caused autism disorder in JMF. The theory of causation, developed within the Omnibus Autism Proceeding and further explored in a mini-omnibus proceeding, posited that residual human DNA and/or retroviral fragments (HERV-K) in vaccines, specifically MMR, varicella, and hepatitis A, act as environmental triggers for autism. Dr. Theresa Deisher, petitioners' expert, proposed two primary mechanisms: insertional mutagenesis, where DNA fragments integrate into brain cells causing mutations, and autoimmunity, where the body attacks its own cells due to homology with vaccine DNA. Dr. Deisher's analysis relied heavily on a change point study correlating autism prevalence with vaccine introduction dates, which was found to have significant methodological flaws, including an ecological design, unreliable data, and unsupported assumptions. The court found no preponderant evidence to support Dr. Deisher's theories, noting they were speculative, inconsistent with numerous epidemiological studies, lacked biological plausibility, and failed to meet the criteria for establishing causation-in-fact under the Althen test. The case was ultimately dismissed.","is_death":0,"date_of_death":null,"petition_filed_date":"2002-01-31","case_summary":"Wayne and Tami Fuesel, as parents and natural guardians of JMF, filed a petition on January 31, 2002, alleging that vaccinations administered on February 10, 1999, caused their daughter, JMF, to develop autism disorder. The case was joined to the Omnibus Autism Proceeding (OAP) on September 6, 2002, and later consolidated with other cases in the Dorsey \"mini-omnibus\" to test the residual-DNA/HERV-K theory of autism causation. The OAP involved over 5,000 vaccine-autism cases, with petitioners' counsel presenting two main theories of causation in test cases: Theory 1 (MMR + thimerosal-containing vaccines acting in concert) and Theory 2 (thimerosal alone). All six test cases, decided in 2009 and 2010, rejected these theories, with affirmations from the Court of Federal Claims and the Federal Circuit. \n\nIn a decision dated March 19, 2014, Special Master George L. Hastings denied the Fuesels' request for $5,000 in interim expert fees and $1,990 for medical testing, finding the request lacked a reasonable basis. Petitioners had not established a reasonable basis to proceed with their claim, as their expert, Dr. Theresa Deisher, a Ph.D. not an M.D., had not yet provided an expert opinion, and the medical records did not suggest vaccine causation. Furthermore, the requested costs were deemed unreasonable due to a lack of supporting documentation, including the retainer agreement and details on Dr. Deisher's rates and anticipated hours, as well as a lack of receipts for the medical testing.\n\nSubsequently, on August 31, 2017, Chief Special Master Nora Beth Dorsey issued a decision dismissing JMF's case, along with 22 other cases in the mini-omnibus proceeding, as petitioners agreed to be bound by the ruling in the lead case, J.M. et al. (02-10V). The lead case decision found that petitioners failed Prong One of the Althen test, meaning they did not demonstrate by preponderant evidence that the MMR vaccine or any other vaccine could cause autism. The decision detailed extensive analysis of Dr. Deisher's theory, which posited that residual human DNA and/or retroviral fragments in vaccines could trigger autism through insertional mutagenesis or autoimmunity. This theory was found to be unsupported by reliable scientific evidence, inconsistent with numerous epidemiological studies, and lacking biological plausibility. The court noted that Dr. Deisher's change point study had significant methodological flaws, including an ecological study design, unreliable data, and unsupported assumptions. The court also found that Dr. Deisher's proposed mechanisms for DNA fragments reaching the brain, such as retrograde transport or microvesicle transport, were speculative and not supported by the cited literature. The court concluded that petitioners failed to meet their burden of proof for causation-in-fact. By the time of the dismissal, JMF had reached the age of majority.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"Nora Beth Dorsey","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Clifford J. Shoemaker","petitioner_attorney_firm":"Shoemaker, Gentry & Knickelbein","petitioner_attorney_location":"Vienna, VA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|clifford-shoemaker|john-mchugh|","firm_canonical_key":"shoemaker-gentry-and-knickelbein","package_title":"FUESEL, et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_02-vv-00095","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_02-vv-00095.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_02-vv-00095.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_02-vv-00095-0","title":"FUESEL, et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 3/19/2014) regarding 72 DECISION of Special Master Signed by Special Master George L. Hastings. (dlb) Copy to parties.","date_issued":"2014-04-09","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_02-vv-00095/granules/USCOURTS-cofc-1_02-vv-00095-0/pdf","pdf_bytes":320040,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_02-vv-00095/USCOURTS-cofc-1_02-vv-00095-0"},{"granule_id":"USCOURTS-cofc-1_02-vv-00095-1","title":"FUESEL, et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 08/31/2017) regarding 113 DECISION of Special Master. Signed by Chief Special Master Nora Beth Dorsey. (Attachments: #1 Appendix A)(har) Service on parties made. Modified on 7/1/2019 to include the attachment(s) in the main document for posting to the court's website.","date_issued":"2018-02-07","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_02-vv-00095/granules/USCOURTS-cofc-1_02-vv-00095-1/pdf","pdf_bytes":1307382,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_02-vv-00095/USCOURTS-cofc-1_02-vv-00095-1"},{"granule_id":"USCOURTS-cofc-1_02-vv-00095-2","title":"FUESEL, et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 04/20/2018) regarding 123 DECISION of Special Master - Fees, Signed by Chief Special Master Nora Beth Dorsey. (tlf) Service on parties made.","date_issued":"2018-05-15","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}