Katie Roberts v. HHS - MMR, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2015)

Filed 2015-01-16Decided 2015-02-10Vaccine MMR
dismissed

Case summary [AI summaries can sometimes make mistakes]

Katie Roberts, as parent and guardian of her minor daughter E.M.R., filed a petition on January 16, 2015, alleging that E.M.R. developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) months after receiving the Measles-Mumps-Rubella (MMR) vaccination on February 11, 2009. The respondent, the Secretary of Health and Human Services, argued that there was minimal, scientifically unreliable evidence linking the vaccination to CIDP, that the timeframe between vaccination and symptom onset was not medically acceptable, and that the petitioner failed to establish a theory for how the MMR vaccine could cause CIDP.

The petitioner moved for a decision on the record after failing to file an expert report by the court-ordered deadline. The Special Master found insufficient evidence in the record to support the claim that E.M.R. suffered a Table Injury or that her alleged injuries were vaccine-caused.

The case was dismissed for insufficient proof on February 10, 2015. Subsequently, on August 24, 2015, the parties stipulated to attorney's fees and costs in the amount of $33,364.54, which Special Master Brian H.

Corcoran approved.

Theory of causation

Petitioner Katie Roberts, on behalf of minor E.M.R., alleged that E.M.R. developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) months after receiving the Measles-Mumps-Rubella (MMR) vaccine on February 11, 2009. The respondent contended that there was minimal, scientifically unreliable evidence linking the vaccination to CIDP, that the timeframe between vaccination and symptom onset was not medically acceptable, and that the petitioner failed to establish a theory for how the MMR vaccine could cause CIDP. Petitioner moved for a decision on the record after failing to file an expert report by the court-ordered deadline. Special Master Brian H. Corcoran found insufficient evidence in the record to support the claim that E.M.R. suffered a Table Injury or that her alleged injuries were vaccine-caused, and that the record did not contain a medical expert's opinion or other persuasive evidence supporting the conclusion that E.M.R.'s alleged injuries were vaccine-caused, nor did it support the conclusion that the onset of CIDP symptoms occurred in a medically acceptable timeframe after the MMR vaccine. The case was dismissed for insufficient proof on February 10, 2015. On August 24, 2015, Special Master Corcoran approved a stipulation for attorney's fees and costs in the amount of $33,364.54.

Source PDFs 2 total · 2 downloaded