Melissa Dalton v. HHS - DTaP, regression (2015)

Melissa Dalton, as the legal representative of a minor child named Q.D., filed a petition on March 17, 2015, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Q.D. suffered from a regression caused by the DTAP, MMR, Poliovirus IPV, and Varicella vaccines received on September 8, 2009.

During a status conference on January 22, 2015, Petitioner's counsel indicated a likely motion to dismiss, which was subsequently filed. Respondent expressed no opposition to this motion.

To receive compensation under the Vaccine Program, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the vaccine actually caused the injury. The Special Master found no evidence in the record that Q.D. suffered a Table Injury.

Furthermore, the record lacked sufficient persuasive evidence to establish that the vaccinations caused the alleged regression. The public decision notes that under the Vaccine Act, a petition must be supported by medical records or the opinion of a competent physician, and that this record was insufficient to meet the Petitioner's burden of proof.

Consequently, the case was dismissed for insufficient proof by Special Master Brian H. Corcoran on July 28, 2015.

The public decision does not describe the specific onset of symptoms, medical records, physician's opinions, or the mechanism of causation.