E.B. v. HHS - Pneumococcal, pneumonia (2016)

Kara and Todd Bilodeau, parents of E.B., a minor, filed a petition for vaccine compensation on January 27, 2014. They alleged that their child suffered pneumonia as a result of receiving pneumococcal, measles-mumps-rubella (MMR), and influenza (flu) vaccines.

The Special Master's decision notes that to be eligible for compensation under the National Vaccine Injury Compensation Program, petitioners must demonstrate either that the injury is listed on the Vaccine Injury Table (a "Table Injury") or that the injury was actually caused by a vaccine. The record in this case did not contain evidence of a "Table Injury." Furthermore, the public decision states that the record lacked persuasive evidence indicating that E.B.'s alleged pneumonia was vaccine-caused.

The decision emphasized that claims cannot be based solely on the petitioners' assertions; they must be supported by medical records or the opinion of a competent physician. In this instance, the public decision found insufficient medical records and no supporting medical opinion from a physician.

Consequently, the petition was dismissed for insufficient proof by Special Master Mindy Michaels Roth on July 25, 2016. Ronald C.

Homer, Esq., represented the petitioners, and Ann D. Martin, Esq., represented the respondent.