CAM v. HHS - DTaP, Leigh's syndrome, Autism (2014)
Case summary [AI summaries can sometimes make mistakes]
On October 27, 2014, CAM, a minor, by his parents and natural guardians Christopher Carlton McBride and Lisa Nguyen McBride, filed a petition for vaccine injury compensation. The petition, initially filed pro se as a "Short-Form Autism Petition for Vaccine Compensation," alleged that CAM developed autism and Leigh's syndrome as a result of receiving multiple vaccines.
An amended petition was filed on August 12, 2012, naming Pediarix, Hib, and Prevnar vaccines administered on May 7, 2007; Comvax, Varivax, Fluzone, and Prevnar vaccines administered on October 25, 2007; and DTaP and IPV vaccines administered on April 18, 2008. Petitioners were represented by Clifford John Shoemaker of Shoemaker and Associates, and the respondent was represented by Heather Lynn Pearlman of the United States Department of Justice.
On October 23, 2014, petitioners filed a motion for a dismissal decision, stating that their investigation of the facts and science demonstrated they would be unable to prove entitlement to compensation. They understood that such a decision would result in a judgment against them, ending all their rights in the Vaccine Program.
The respondent had no objection to this motion. Special Master Nora Beth Dorsey noted that to receive compensation under the Vaccine Act, petitioners must prove either a "Table Injury" or that CAM suffered an injury actually caused by a vaccine.
The record did not contain evidence of a "Table Injury." While both parties had offered expert opinions on causation, the record did not include a petitioner's expert opinion that differed from theories addressed in the Omnibus Autism Proceeding, such as those involving thimerosal. Petitioners had also been ordered to file an additional expert report from a geneticist to address the respondent's expert assertions, but they did not file this report.
The Special Master found the medical records insufficient to establish entitlement and that petitioners had not offered a persuasive medical expert opinion. Consequently, the petition was denied and dismissed for insufficient proof of causation.
The Clerk was directed to enter judgment accordingly in the absence of a motion for review.
Theory of causation
Petitioners alleged that CAM developed autism and Leigh's syndrome as a result of receiving multiple vaccines, including Pediarix, Hib, Prevnar, Comvax, Varivax, Fluzone, DTaP, and IPV, between May 2007 and April 2008. The petition was dismissed for insufficient proof of causation. The Special Master found no evidence of a "Table Injury." While medical experts were involved, the record lacked a petitioner's expert opinion that differed from prior autism proceeding theories, and petitioners failed to file a required geneticist expert report to address respondent's expert assertions. The Special Master determined the medical records were insufficient to establish entitlement and that petitioners had not offered a persuasive medical expert opinion. Petitioners' counsel was Clifford John Shoemaker, and respondent's counsel was Heather Lynn Pearlman. Special Master Nora Beth Dorsey issued the decision on November 18, 2014.
Source PDFs
USCOURTS-cofc-1_10-vv-00037