J.H.W. IV v. HHS - Hepatitis B, breathing disorder/condition (2016)

Melissa Kirdzik and John Henry Watts III, as natural parents of their minor son, J.H.W. IV, filed a petition on February 2, 2015, seeking compensation under the National Childhood Vaccine Injury Act.

They alleged that J.H.W. IV suffered injuries, specifically a breathing disorder/condition, or a significant aggravation of a pre-existing condition, after receiving the Hepatitis B vaccine on June 29, 2013.

The respondent, the Secretary of Health, argued that the petitioners failed to demonstrate that J.H.W.'s alleged injuries were caused-in-fact by the vaccine or represented a significant aggravation of a pre-vaccination condition. Petitioners submitted an expert report from Dr.

Edward W. Pearson, who opined that the Hepatitis B vaccine aggravated J.H.W.'s symptoms and that without the vaccine, J.H.W. would not have continued to experience pulmonary problems.

However, the Special Master found Dr. Pearson's report lacked substantial weight.

The Special Master noted that Dr. Pearson did not adequately address J.H.W.'s pre-vaccination respiratory difficulties, stating only that they could be "fairly easily and non surgically manag[ed]" without further explanation.

Because the medical records did not support the claim and the offered medical opinion was not persuasive, the Special Master concluded that the petitioners failed to demonstrate a "Table Injury," that the Hepatitis B vaccination "actually caused" J.H.W.'s breathing problems, or that it "significantly aggravated" them. Consequently, the case was dismissed for insufficient proof by Special Master Christian J.

Moran on May 4, 2016. The public decision does not describe the specific onset of symptoms, diagnostic tests performed, treatments received, or the mechanism of injury.

Petitioner counsel was Carol L. Gallagher, Esquire, LLC., and respondent counsel was Darryl R.

Wishard from the United States Department of Justice.