L.G. v. HHS - DTaP, Type 1 diabetes (2014)

On January 6, 2014, Chesley and Daun Garrett, individually and representing their minor daughter L.G., filed a petition under the National Childhood Vaccine Injury Act of 1986. They alleged that the DTaP, IPV, and Hepatitis B vaccines L.G. received on November 9, 2010, caused her to develop Type 1 diabetes, diagnosed in March 2011.

The Special Master noted that no allegation of vaccine-caused Type 1 diabetes had previously succeeded in the Vaccine Program, citing several prior decisions that found no causal link. Petitioners' counsel requested an extension until May 5, 2014, to locate an expert with a different theory of causation, but was unsuccessful.

On May 5, 2014, counsel filed a status report stating that petitioners had not found a suitable expert and wished to withdraw. The Special Master granted the motion to withdraw on May 16, 2014, and the petitioners became pro se.

The Special Master ordered the petitioners to contact the court's law clerk by June 6, 2014, to schedule a status conference, but received no communication. After an email and multiple phone attempts by the law clerk were unsuccessful, the Special Master issued an Order to Show Cause on June 20, 2014, ordering petitioners to contact the law clerk by July 3, 2014, to schedule a status conference.

This order was sent via certified mail and delivered on June 23, 2014. The petitioners failed to respond to the Order to Show Cause or contact the law clerk.

Consequently, the case was dismissed for failure to prosecute. The Special Master emphasized that petitioners must prove causation with a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship, supported by evidence such as medical records or expert testimony, which were not provided in this case.

The public decision does not describe the specific symptoms, medical tests, or treatments related to L.G.'s condition, nor does it name the petitioners' counsel or respondent's counsel. The Special Master was Laura D.

Millman.