Dawn Somelofski v. HHS - DTaP, vaccinosis, regressive encephalopathy, chronic ear infections, and enterolitis (2016)
Case summary [AI summaries can sometimes make mistakes]
On March 4, 2014, Dawn Somelofski filed a petition on behalf of her minor child, A.S., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the DTaP vaccine administered to A.S. on or about March 2, 2011, caused vaccinosis, regressive encephalopathy, chronic ear infections, and enterolitis.
The Special Master ordered the petitioner to file an expert report supporting her claim by December 29, 2014. After extensions and a motion to withdraw by initial counsel, which was granted, the petitioner obtained new counsel.
The petitioner requested that the expert report deadline be suspended pending mitochondrial testing, which was granted. After requesting and receiving an extension for test results, the petitioner filed the testing results on November 14, 2015.
The Special Master then set a deadline for the petitioner's expert report for February 12, 2016. Instead, on February 26, 2016, the petitioner filed an unopposed motion to dismiss, stating that she was unlikely to meet her burden of proof after investigating the facts and science.
The petitioner indicated an understanding that the decision would end her rights in the Vaccine Program but wished to preserve her rights to file a civil action in the future and requested dismissal to avoid wasting judicial resources. The respondent did not object to the motion to dismiss.
The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The Special Master found no evidence of a "Table Injury" in the record.
Furthermore, the Special Master determined that the record lacked sufficient persuasive evidence to establish that the alleged injury was caused by the vaccinations or that it lasted more than six months. The Special Master also noted that the petition was not supported by medical records or the opinion of a competent physician, and that no expert opinion was offered.
Consequently, the Special Master dismissed the case for insufficient proof and ordered judgment to be entered accordingly. The decision was issued by Special Master Brian H.
Corcoran.
Theory of causation
Petitioner Dawn Somelofski, on behalf of minor A.S., alleged that the DTaP vaccine administered on or about March 2, 2011, caused vaccinosis, regressive encephalopathy, chronic ear infections, and enterolitis. The case was filed on March 4, 2014. After procedural delays, including obtaining new counsel and mitochondrial testing, Petitioner filed an unopposed motion to dismiss on February 26, 2016, stating an unlikelihood of meeting the burden of proof. Special Master Brian H. Corcoran dismissed the case on March 28, 2016, for insufficient proof. The Special Master found no evidence of a "Table Injury," insufficient evidence that the alleged injury was caused by the vaccination, and insufficient evidence that the injury lasted more than six months. The public decision does not describe the specific mechanism of injury, name any experts, or detail the clinical story, onset, symptoms, or treatments. The petitioner's counsel was Valerie Ann Borek, and respondent's counsel was Alexis Babcock. No award was made as the case was dismissed.
Source PDFs
USCOURTS-cofc-1_14-vv-00169