R.M.H. v. HHS - Hib, chronic encephalopathy, manifesting as autism-like symptoms (2017)
Case summary [AI summaries can sometimes make mistakes]
On August 28, 2014, Cynthia and Robert Hamilton filed a petition on behalf of their minor son, R.M.H., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the Haemophilus Influenzae Type B (Hib), MMR, Pneumococcal (Prevnar), and Hepatitis B vaccines administered on August 30, 2011, and the Varicella, DTaP, and Influenza (flu) vaccines administered on November 2, 2011, caused R.M.H. to develop chronic encephalopathy manifesting as autism-like symptoms.
After initial filings of medical records in late November 2014, the parties agreed to confer on the need for additional records. Petitioners later obtained and filed more medical records in early June 2015.
The Special Master issued an order staying the matter on April 27, 2016, until August 31, 2016, due to parallel proceedings pending review that might bear on the case's resolution. The Special Master also noted that a reasonable basis for the claim appeared lacking, as the petitioners' causation theory had been repeatedly rejected in recent cases.
The stay was extended until June 30, 2017. On July 6, 2017, the Special Master directed counsel to discuss the viability of the claim with the petitioners in light of anticipated court decisions.
Subsequently, on August 18, 2017, Petitioners filed a motion to dismiss, acknowledging they did not expect to establish entitlement to compensation. The Special Master, Brian H.
Corcoran, noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record did not contain evidence of a Table injury.
Furthermore, the petition lacked sufficient evidence to meet the burden of proof for causation, as required by the Vaccine Act, which mandates that petitions be supported by medical records or the opinion of a competent medical expert. Consequently, Special Master Corcoran dismissed the case for insufficient proof.
The Clerk was directed to enter judgment accordingly.
Theory of causation
Petitioners alleged that the Hib, MMR, Pneumococcal, and Hepatitis B vaccines administered on August 30, 2011, and the Varicella, DTaP, and Influenza vaccines administered on November 2, 2011, caused their minor son, R.M.H., to develop chronic encephalopathy manifesting as autism-like symptoms. The public decision does not describe the specific mechanism of causation alleged by the petitioners or name any medical experts. The Special Master, Brian H. Corcoran, noted that the record lacked evidence of a "Table Injury" and that there was insufficient evidence to meet the burden of proof for causation, as required by the Vaccine Act. Petitioners subsequently filed a motion to dismiss, acknowledging they could not establish entitlement. The case was dismissed for insufficient proof on November 14, 2017. Attorneys for the Petitioner were Robert Joel Krakow and for the Respondent was Ann Donohue Martin.
Source PDFs
USCOURTS-cofc-1_14-vv-00785