N.M.M.B. v. HHS - Hepatitis B, seizures (2015)

On July 10, 2014, Michele Pond Byars and David Brian Byars, as parents and next friends, filed a petition on behalf of their minor son, N.M.M.B., under the National Childhood Vaccine Injury Act. They alleged that a Hepatitis B vaccine administered on July 11, 2011, and Varicella, Hepatitis A, and Influenza vaccines given on November 1, 2011, caused N.M.M.B. to suffer from seizures.

On May 26, 2015, the Petitioners filed a motion to dismiss their own petition, stating that an investigation revealed they would be unable to prove entitlement to compensation under the Act. They understood that a dismissal would result in a judgment against them and end their rights in the program.

The Special Master noted that to receive compensation, petitioners must prove either a Table injury or that the vaccine actually caused the injury. The public decision does not describe the onset or symptoms of the alleged seizures, nor does it detail any specific medical records, tests, or treatments.

The record lacked evidence of a Table injury and did not contain a medical expert's opinion or other persuasive evidence of causation. Because the medical records were insufficient and no expert opinion was offered, the petition was dismissed for insufficient proof by Special Master Lisa Hamilton-Fieldman.

Subsequently, on August 2, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $15,702.94. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, making the award appropriate.

Judgment was entered accordingly.