D.C. v. HHS - Hepatitis B, pancytopenia and severe transfusion-dependent aplastic anemia (2016)

Sandra and Reuben Calixto, parents of D.C., a minor, filed a petition for compensation on October 23, 2014, alleging that a Hepatitis B vaccine administered on April 5, 2012, caused their son to develop pancytopenia and severe transfusion-dependent aplastic anemia. The respondent was the Secretary of Health and Human Services.

After investigating the facts and science, the petitioners concluded they could not prove entitlement to compensation and filed a motion to dismiss their petition on December 2, 2015. The Special Master noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccine actually caused the injury.

The record did not contain evidence of a Table Injury. Furthermore, the record did not include a medical expert's opinion or any other persuasive evidence indicating that D.C.'s injuries were caused by the vaccination.

An expert report authored by Dr. Clinton F.

Merrill, Jr., MD, was filed on October 7, 2015, which addressed the timing of the onset of D.C.'s injury but did not opine in favor of causation. The Special Master found that the medical records were insufficient to establish entitlement to compensation and that no medical opinion supporting causation was offered.

Consequently, the petition was dismissed for insufficient proof on December 4, 2015. On January 14, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $23,350.00.

The Special Master found that the petition was brought in good faith and that there existed a reasonable basis for the claim, awarding the agreed-upon amount on February 5, 2016. The award was to be paid by check made payable jointly to Petitioners and Petitioners' counsel, Edward Kraus.

Petitioner counsel was Edward Kraus of the Law Offices of Chicago Kent, and respondent counsel was Adriana Teitel of the United States Department of Justice. Special Master Lisa Hamilton-Fieldman issued the decisions.