James Winward v. HHS - Hepatitis B, hydrocephalus; cerebral palsy; alloimmune thrombocytopenia; ventriculomegaly; bilateral subdural hematomas; anemia; spastic quadriplegia; and optic atrophy (2014)
Case summary [AI summaries can sometimes make mistakes]
On March 24, 2014, Cynthia Winward, as legal representative for a minor child, James Winward, filed a petition under the National Childhood Vaccine Injury Act. The petition alleged that the hepatitis B vaccine caused James Winward to develop hydrocephalus, cerebral palsy, alloimmune thrombocytopenia, ventriculomegaly, bilateral subdural hematomas, anemia, spastic quadriplegia, and optic atrophy.
During a telephonic status conference on April 10, 2014, the Special Master discussed with counsel the possibility of pursuing a civil action against the treating hospital(s) and the potential for civil remedies to exceed vaccine program awards. The Special Master issued an order outlining the petitioner's choices to proceed or dismiss.
On May 9, 2014, during another telephonic status conference, the petitioner made an oral motion to dismiss the case in order to pursue a civil action against the hospital or hospitals that treated her son. The Special Master granted the petitioner's motion and dismissed the case without prejudice.
The public decision does not describe the specific dates of vaccination, the child's age at vaccination, the specific onset of symptoms, medical records, diagnostic tests, treatments, or the mechanism of injury. Petitioner's counsel was Erik L.
Peterson, and respondent's counsel was Claudia B. Gangi.
Special Master Laura D. Millman issued the decision.
Theory of causation
The petitioner alleged that the hepatitis B vaccine caused hydrocephalus, cerebral palsy, alloimmune thrombocytopenia, ventriculomegaly, bilateral subdural hematomas, anemia, spastic quadriplegia, and optic atrophy. The petitioner filed a petition on March 24, 2014, but subsequently moved to dismiss the case on May 9, 2014, to pursue a civil action against the treating hospital(s). As a result, no expert medical report was provided to support the allegations of causation, and the public decision does not describe a medical theory connecting the vaccine to the alleged injuries, a logical sequence of cause and effect, or a proximate temporal relationship. The Special Master granted the motion to dismiss. The case was dismissed without prejudice. Special Master Laura D. Millman issued the decision. Petitioner's counsel was Erik L. Peterson, and respondent's counsel was Claudia B. Gangi.
Source PDFs
USCOURTS-cofc-1_14-vv-00223