Najee Shields v. HHS - DTaP, acute illness which led to his death (2020)

On June 4, 2014, Dorothy Shields, as representative of the estate of her deceased minor grandchild Najee Shields, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that Najee Shields received diphtheria-tetanus-acellular pertussis (DTaP), Haemophilus influenzae type B (Hib), inactivated polio virus (IPV), pneumococcal, and rotavirus vaccines on June 20, 2012.

It was alleged that Najee Shields suffered an acute illness which led to his death on June 21, 2012. The public decision does not provide a detailed medical timeline beyond these dates.

On March 24, 2020, petitioner filed a motion to dismiss the petition. Petitioner maintained her belief that the vaccines caused Najee's death but stated that, in light of the Federal Circuit's decision in Boatmon v.

Secretary of Health & Human Services, she did not believe she could prove that the vaccines played a causative role. Petitioner concluded that proceeding further would be unreasonable and that she would be unable to prove entitlement to compensation.

Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent.

Respondent was represented by Christine M. Becer of the U.S.

Department of Justice. Special Master Thomas L.

Gowen granted the petitioner's motion for dismissal. Special Master Gowen found that the record did not contain persuasive evidence of a Table injury or persuasive evidence that Najee's illness or death was caused by the vaccines.

He noted that the Vaccine Act requires claims to be supported by medical records or the opinion of a competent medical expert, and that petitioner's experts had not presented opinions sufficient to support entitlement after Boatmon. The case was dismissed for insufficient proof, and no compensation was awarded.