E.B. v. HHS - Pneumococcal, pneumonia (2016)
Case summary [AI summaries can sometimes make mistakes]
Kara and Todd Bilodeau, parents of E.B., a minor, filed a petition for vaccine compensation on July 25, 2016. 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 October 18, 2016. Ronald C.
Homer, Esq., represented the petitioners, and Ann D. Martin, Esq., represented the respondent.
Theory of causation
Petitioners Kara and Todd Bilodeau alleged that their minor child, E.B., suffered pneumonia due to pneumococcal, MMR, and influenza vaccines. The Special Master, Mindy Michaels Roth, dismissed the petition on October 18, 2016, for insufficient proof. To prevail, petitioners needed to prove either a "Table Injury" or that the vaccine actually caused the injury. The public decision found no evidence of a "Table Injury" and no persuasive evidence that the vaccine actually caused the pneumonia. The decision noted the absence of sufficient medical records and any supporting medical opinion from a competent physician, stating that claims cannot be based solely on assertions. Petitioners were represented by Ronald C. Homer, Esq., and the respondent by Ann D. Martin, Esq.
Source PDFs
USCOURTS-cofc-1_14-vv-00072