K.G. v. HHS - DTaP, Type 1 diabetes (2014)
Case summary [AI summaries can sometimes make mistakes]
On January 6, 2014, Chesley and Daun Garrett, parents of K.G., filed a petition under the National Childhood Vaccine Injury Act of 1986 on behalf of their minor daughter. They alleged that the DTaP, IPV, and Hepatitis B vaccines K.G. received on November 9, 2010, caused her to develop Type 1 diabetes, which was 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 to offer a different theory of causation, but was unsuccessful.
On May 5, 2014, petitioners' counsel filed a status report stating they had not found a suitable expert and wished to withdraw as counsel. 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 her law clerk by June 6, 2014, to schedule a status conference. The law clerk received no communication from the petitioners and an email sent on June 10, 2014, went unanswered.
Attempts to call the petitioners were unsuccessful, with one attempt reaching a voicemail that had not been set up. On June 20, 2014, the Special Master issued an Order to Show Cause why the case should not be dismissed for failure to prosecute, which 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 by the July 3, 2014 deadline. Consequently, the case was dismissed for failure to prosecute.
The Special Master reiterated that petitioners must prove causation-in-fact by a preponderance of the evidence, including a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship, as outlined in Althen v. Sec'y of HHS.
The petitioners failed to file an expert report or any medical records, which are required to support their allegations under the Vaccine Act. The public decision does not describe the specific symptoms, medical tests, or treatments related to K.G.'s condition, nor does it name the petitioners' counsel or respondent's counsel.
The Special Master was Laura D. Millman.
The case was dismissed on July 7, 2014, and judgment was to be entered.
Theory of causation
Petitioners alleged that the DTaP, IPV, and Hepatitis B vaccines administered on November 9, 2010, caused K.G. to develop Type 1 diabetes, diagnosed in March 2011. The Special Master noted that no prior cases alleging vaccine-caused Type 1 diabetes had succeeded in the Vaccine Program. Petitioners' counsel was unable to find an expert to support a different theory of causation and subsequently withdrew. The petitioners, proceeding pro se, failed to prosecute the case by not responding to court orders or scheduling conferences. The Special Master dismissed the case for failure to prosecute, emphasizing that petitioners must prove causation-in-fact by a preponderance of the evidence, including a medical theory supported by scientific studies or expert testimony, a logical sequence of cause and effect, and a proximate temporal relationship, as per Althen v. Sec'y of HHS. Petitioners failed to provide any expert reports or medical records to support their claim. The public decision does not detail the specific medical theory, experts, or mechanism of causation proposed by the petitioners, nor does it provide an award amount as the case was dismissed. The Special Master was Laura D. Millman, and the decision date was July 7, 2014. Petitioners were represented by Chesley and Daun Garrett (pro se) after their initial counsel withdrew. Respondent was represented by Gordon E. Shemin.
Source PDFs
USCOURTS-cofc-1_14-vv-00017