D.L. v. HHS - Rotavirus, Kawasaki’s Disease (2014)

Percell Livingston, father and natural guardian of D.L., a minor, filed a petition on July 11, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the RotaTeq vaccine administered to D.L. on March 10, 2011, caused the child to develop Kawasaki's Disease.

After gathering medical records and receiving the respondent's Rule 4(c) report, the petitioner filed an unopposed motion to dismiss the petition on July 10, 2014. The petitioner stated that an investigation of the facts and science supporting the claim demonstrated an inability to prove entitlement to compensation.

To receive compensation, the petitioner would need to prove either that D.L. suffered a "Table Injury" as defined by the Vaccine Injury Table or that the vaccine actually caused the injury. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked a medical expert's opinion or any other persuasive evidence indicating that D.L.'s alleged injury was vaccine-caused.

The decision noted that a petitioner cannot be awarded compensation based solely on assertions and that the petition lacked sufficient supporting evidence. Consequently, Special Master Brian H.

Corcoran dismissed the case for insufficient proof of causation. The Clerk was ordered to enter judgment accordingly.

Clifford J. Shoemaker represented the petitioner, and Traci R.

Patton represented the respondent.