Adem Bilali v. HHS - Hepatitis B, other (2014)

Adem Bilali, an infant, by his mother and natural guardian, Karina Torres, filed a petition on September 23, 2013, alleging that her minor child suffered an adverse reaction as a result of the hepatitis B and pneumococcal vaccinations received on August 27, 2011. The petition was filed under the National Childhood Vaccine Injury Act.

No medical records were initially filed with the petition. Following a status conference on October 31, 2013, during which the parties discussed medical records and petitioner's expert report, the Special Master advised the petitioner to file a supplemental expert report.

The respondent noted previous case law regarding seizure disorders and SCN1A gene mutations. The petitioner's counsel moved for a 30-day suspension on April 25, 2014, due to a review of recent Federal Circuit decisions, which was granted.

On October 21, 2014, Ms. Torres moved for a decision dismissing the petition, stating that an investigation demonstrated they would be unable to prove entitlement to compensation.

The Special Master noted that to receive compensation, petitioners must prove either a "Table Injury" or that the vaccine actually caused the injury. An examination of the record did not reveal evidence of a "Table Injury." Furthermore, the record lacked a medical expert's opinion or other persuasive evidence indicating that Adem's injuries were vaccine-caused.

The Special Master found that the petition was not supported by medical records or a competent physician's opinion, and the petitioner's expert opinion was insufficient. Consequently, the case was dismissed for insufficient proof.

The decision was issued by Special Master Christian J. Moran on November 12, 2014.

Petitioner's counsel was Craig A. Post of Barr & Haas.

Respondent's counsel was Alexis B. Babcock of the United States Department of Justice.