N.B. v. HHS - MMR, autism spectrum disorder (2015)

On March 12, 2004, Marcie and Alan Brook, as parents of N.B., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that N.B.'s autism spectrum disorder (ASD) was caused or aggravated by the MMR, Varicella, and Prevnar vaccinations administered on June 13, 2001.

N.B. was born on June 12, 2000, with a complicated birth involving perinatal hypoxia. Medical records indicated developmental delays and concerns for autism prior to the June 13, 2001 vaccinations.

An evidentiary hearing was held. Petitioners' expert, Dr.

Joseph Bellanti, opined that the vaccines caused an autoimmune encephalopathy leading to ASD, based on assumptions of a severe immediate post-vaccination reaction and subsequent developmental regression. Respondent's expert, Dr.

Christine McCusker, opined that N.B.'s condition was not vaccine-related and that his developmental delays began before the vaccinations, possibly linked to perinatal hypoxia. Special Master George L.

Hastings issued a decision on June 11, 2015, denying entitlement. The Special Master found Dr.

Bellanti's causation theory unpersuasive because his factual assumptions of a severe immediate reaction and abrupt regression were contradicted by contemporaneous medical records, which showed pre-existing developmental concerns. Dr.

McCusker's testimony was found more persuasive. The Special Master concluded that Petitioners failed to establish causation under the Althen test, as they did not prove that the MMR vaccine could cause ASD or that the vaccinations caused N.B.'s specific condition.

The petition was denied. Subsequently, on July 2, 2015, Special Master Hastings issued a decision on attorneys' fees and costs, awarding $90,000.00 in attorneys' fees and $1,366.23 in costs, based on a joint stipulation by the parties.

Petitioner counsel was Clifford Shoemaker, and Respondent counsel was Linda Renzi.