C.F. v. HHS - neurological injury (2015)

On October 29, 2013, Jeffrey and Filomena Faucher filed a petition on behalf of their minor child, C.F., alleging a neurological injury caused by multiple vaccines administered on November 11, 2010. The vaccines included Diptheria-Tetanus-acellular-Pertussis (DTaP), Inactivated Polio (IPV), haemophilus influenza (Hib), hepatitis B (Hep B), Pneumococcal Conjugate (PCV), Rotavirus, and influenza (flu).

The petitioners were represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C. The respondent was the Secretary of Health and Human Services, represented by Glenn MacLeod of the United States Department of Justice.

On March 3, 2015, the petitioners filed a motion to dismiss their own petition, stating they were unable to secure the necessary evidence to prove entitlement to compensation. Special Master Lisa Hamilton-Fieldman noted that to receive compensation, petitioners must prove either a Table injury or that the vaccine actually caused the injury.

The public decision does not describe the specific onset or symptoms of C.F.'s alleged neurological injury, nor does it detail any medical records, tests, or treatments. The record did not contain evidence of a Table injury.

Furthermore, the record did not include a medical expert's opinion or any other persuasive evidence to establish causation. The Special Master stated that under the Vaccine Act, a petition cannot be awarded compensation based solely on the petitioner's claims; it must be supported by medical records or a competent physician's opinion.

Because the medical records were insufficient and no supporting medical opinion was offered, the petition was dismissed for insufficient proof. The decision was issued on March 27, 2015.