SRH v. HHS - Hib, autism spectrum disorder (ASD) (2016)

On May 10, 2002, Brian and Marcie Hooker filed a petition for vaccine injury compensation on behalf of their son, SRH, alleging that thimerosal-containing vaccinations administered on February 25, 1999, and May 26, 1999, caused or aggravated SRH's autism spectrum disorder (ASD). SRH was approximately 1 year and 3 months old at the time of the second vaccination.

The case was stayed pending the Omnibus Autism Proceeding (OAP). After the OAP test cases were decided against petitioners, the Hookers amended their petition, alleging both initial causation and significant aggravation of an underlying mitochondrial disorder by mercury exposure from vaccines.

The case proceeded to an evidentiary hearing. Special Master George L.

Hastings issued a 58-page decision on June 21, 2016, denying entitlement on multiple grounds. First, the Special Master found the initial causation claim was untimely filed, as SRH exhibited early symptoms of ASD prior to the statutory cutoff date.

Second, on the merits of both initial causation and significant aggravation claims, the Special Master found that the petitioners' experts relied on incorrect factual assumptions and had questionable qualifications, while the respondent's experts were highly credentialed and persuasive. Third, the Special Master noted that the thimerosal-autism causation theory had been extensively litigated and rejected in the OAP test cases, and the petitioners' new framing as "mitochondrial aggravation" did not alter the outcome.

The petition was denied. Petitioner counsel was Clifford Shoemaker, and respondent counsel was Justine Walters.

Special Master Hastings presided over the case.