Keith Varela v. HHS - neurological symptoms, including speech delay and developmental delay (2016)

Keith Varela filed a petition on December 22, 2014, on behalf of his minor child, M.V., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that "over-vaccination" on March 16, 2012, caused M.V. to develop neurological symptoms, including speech delay and developmental delay.

The respondent, the Secretary of Health and Human Services, disputed compensation. Following the filing of medical records and the respondent's report disputing compensation, the Special Master ordered the petitioner to file an expert report to support his claim.

The petitioner missed several deadlines for filing this expert report, despite having over six months to do so, and ultimately did not file the report. On January 6, 2016, the petitioner filed an unopposed motion for a decision dismissing his petition, stating he was unlikely to succeed in meeting his burden of proof due to newly discovered evidence and that he intended to pursue civil action later.

The respondent did not object to the motion. The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" corresponding to a vaccination or that a vaccine actually caused the injury and that it lasted more than six months.

The Special Master found no evidence in the record of a "Table Injury." Furthermore, the record did not contain sufficient persuasive evidence establishing that the alleged injury could have been caused by the vaccinations or that it lasted more than six months. The Special Master also noted that a petition must be supported by medical records or the opinion of a competent physician, and that the petitioner had not offered an expert opinion supporting his claim.

Consequently, the case was dismissed for insufficient proof. The Clerk was ordered to enter judgment accordingly.