Candi Gonzalez v. HHS - pertussis, ongoing post-pertussis cough, reactive airway disease (RAD) and speech delay (2015)

On November 4, 2014, Candi Gonzalez, as the natural mother and guardian of her minor child M.A.-S.M., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that vaccinations administered to M.A.-S.M. on March 28, 2012, including one against pertussis, caused the child to develop pertussis.

The alleged resulting conditions were ongoing post-pertussis cough, reactive airway disease (RAD), and speech delay, which lasted more than six months. The respondent, the Secretary of Health and Human Services, filed a report on March 2, 2015, indicating that the case was not appropriate for compensation.

The respondent argued that the petitioner had not provided sufficient proof of vaccine causation. Specifically, the respondent noted that the alleged injury was not listed on the Vaccine Injury Table and that there was insufficient evidence to establish that the pertussis vaccine caused pertussis in this specific case.

Subsequently, on May 26, 2015, the petitioner filed a motion to dismiss her own case, stating that an investigation into the facts and science supporting her claim had demonstrated that she would be unable to prove entitlement to compensation. The respondent did not oppose this motion.

Special Master Brian H. Corcoran reviewed the case.

The public decision does not describe the specific clinical story, onset, symptoms, tests, or treatments. The public decision also does not name any medical experts.

The Special Master found that the record lacked evidence of a "Table Injury" and insufficient persuasive evidence that the vaccination caused the alleged injury, a conclusion supported by the petitioner's own acknowledgment. The case was dismissed for insufficient proof, and judgment was entered accordingly.

The public decision does not specify an award amount or annuity terms.