I.J.H. v. HHS - MMR, Celiac's disease and autoimmune disorder (2016)
Case summary [AI summaries can sometimes make mistakes]
On July 10, 2014, Kevin and Jennifer Hoffman, parents and natural guardians of I.J.H., a minor, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. They alleged that a Measles-Mumps-Rubella (MMR) vaccine administered on July 27, 2011, caused their child to develop Celiac's disease and an autoimmune disorder.
The petition was filed by attorneys Jeffrey A. Golvash and Brennan, Robins & Daley, P.C.
The respondent was the Secretary of Health and Human Services, represented by Alexis Babcock of the United States Department of Justice. After investigating the case, the petitioners concluded they could not prove entitlement to compensation.
On July 28, 2016, they filed a motion for a decision dismissing their petition, understanding that this would result in a judgment against them and end all their rights in the Vaccine Program. To receive compensation, petitioners must prove either a "Table Injury" listed in the Vaccine Injury Table or that the vaccine actually caused the injury.
The Special Master, Lisa Hamilton-Fieldman, noted that the record did not contain evidence of a Table Injury. Furthermore, the record lacked a medical expert's opinion or any other persuasive evidence to establish that the vaccine caused I.J.H.'s alleged conditions.
The public decision does not describe the onset of symptoms, specific medical records, diagnostic tests, or treatments. Because the medical records were insufficient and no supporting medical opinion was offered, Special Master Hamilton-Fieldman dismissed the petition for insufficient proof on August 29, 2016.
The Clerk was ordered to enter judgment accordingly.
Theory of causation
Petitioners Kevin and Jennifer Hoffman alleged that a Measles-Mumps-Rubella (MMR) vaccine administered on July 27, 2011, caused their minor child, I.J.H., to develop Celiac's disease and an autoimmune disorder. Petitioners, represented by Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., filed a motion to dismiss their own petition on July 28, 2016, stating they could not prove entitlement to compensation. Special Master Lisa Hamilton-Fieldman noted that to prove entitlement, petitioners must demonstrate either a "Table Injury" or actual causation. The record lacked evidence of a Table Injury. Crucially, the record did not contain a medical expert's opinion or other persuasive evidence to establish that the MMR vaccine actually caused I.J.H.'s alleged conditions. The public decision does not specify the mechanism of causation or name any medical experts. The petition was dismissed for insufficient proof on August 29, 2016, with no award granted.
Source PDFs
USCOURTS-cofc-1_14-vv-00584