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 July 29, 2016.
The Clerk was ordered to enter judgment accordingly.
Source PDFs
USCOURTS-cofc-1_14-vv-00584