VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00785
Package ID: USCOURTS-cofc-1_14-vv-00785
Petitioner: R.M.H.
Filed: 2014-09-11
Decided: 2017-11-14
Vaccine: Hib
Vaccination date: 2011-08-30
Condition: chronic encephalopathy, manifesting as autism-like symptoms
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00785-0
Date issued/filed: 2017-11-14
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 9/11/2017) Regarding 41 DECISION of Special Master (Signed by Special Master Brian H. Corcoran). (cr) Copy to parties.
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Case 1:14-vv-00785-UNJ Document 44 Filed 11/14/17 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-785V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
CYNTHIA HAMILTON and ROBERT *
HAMILTON, parents and natural *
guardians of R.M.H., a minor, * Special Master Corcoran
*
* Filed: September 11, 2017
Petitioners, *
v. * Petitioner’s Motion for a Decision;
* Dismissal of Petition; Vaccine
SECRETARY OF HEALTH * Act; Denial Without Hearing.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for Petitioner.
Ann Donohue Martin, U.S. Dep’t of Justice, Washington, D.C. for Respondent.
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
On August 28, 2014, Cynthia and Robert Hamilton filed a petition on behalf of their minor
child, R.M.H., seeking compensation under the National Vaccine Injury Compensation Program.2
The Petition alleges that the Haemophilus Influenzae Type B (“Hib”), MMR, Pneumococcal
(“Prevnar”), and Hepatitis B vaccines that R.M.H. received on August 30, 2011, and the Varicella,
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-
12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information.
Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged
or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available.
Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:14-vv-00785-UNJ Document 44 Filed 11/14/17 Page 2 of 3
DTaP, and Influenza (“flu”) vaccines received on November 2, 2011, caused him to develop
chronic encephalopathy, manifesting as autism-like symptoms. See Petition (“Pet.”) at 1-4.
After Petitioners filed medical records in late November 2014, the parties filed a joint status
report stating that they believed sufficient medical records had been filed, but would confer on a
continuing basis to determine if additional medical records were needed. The parties requested 45
days to file date their Joint Statement of Completion. See Report, dated Nov. 25, 2014 (ECF No.
14). Thereafter, Petitioners obtained and filed additional medical records in early June 2015.
On April 27, 2016, I issued an order staying the matter until August 31, 2016, however,
due to other parallel proceedings pending review at the Court of Federal Claims or the Court of
Appeals for the Federal Circuit that all sides agreed might bear on the case’s resolution. See Order
dated Apr. 27, 2016 (ECF No. 39). In that order, I also informed the parties that reasonable basis
appeared lacking, because Petitioners’ causation theory had been repeatedly rejected in numerous
recent post-OAP cases. The matter remained stayed until June 30, 2017. On July 6, 2017, I issued
an order directing counsel to discuss with Petitioners whether their claim remained viable in light
of the anticipated decisions from the Court of Federal Claims. Petitioners thereafter filed a motion
to dismiss on August 18, 2017 acknowledging that, after consideration of the facts and law, they
did not expect to be able to establish entitlement in this case. ECF No. 40.
To receive compensation under the Vaccine Program, a petitioner must prove either (1)
that she suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of her vaccinations, or (2) that she suffered an injury that was actually caused
by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). An examination of the record, however, does
not uncover any evidence that R.M.H. suffered a Table injury. Moreover, under the Vaccine Act,
a petitioner may not receive a Vaccine Program award based solely on her claims alone. Rather,
the petition must be supported by either medical records or by the opinion of a competent medical
expert. Section 13(a)(1). In this case, however, there is insufficient evidence in the record for
Petitioners to meet their burden of proof. Petitioners’ claim therefore cannot succeed and must be
dismissed. Section 11(c)(1)(A).
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
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Case 1:14-vv-00785-UNJ Document 44 Filed 11/14/17 Page 3 of 3
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