VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00098
Package ID: USCOURTS-cofc-1_15-vv-00098
Petitioner: J.H.W. IV
Filed: 2015-02-02
Decided: 2016-05-04
Vaccine: Hepatitis B
Vaccination date: 2013-06-29
Condition: breathing disorder/condition
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioners alleged that the Hepatitis B vaccine administered on June 29, 2013, to minor J.H.W. IV caused or significantly aggravated a breathing disorder/condition. Petitioners relied on the expert opinion of Dr. Edward W. Pearson, who stated the vaccine aggravated J.H.W.'s symptoms and that without it, J.H.W. would not have continued to experience pulmonary problems. Respondent argued the petitioners failed to prove causation-in-fact or significant aggravation. Special Master Christian J. Moran, in a decision dated May 4, 2016, denied compensation, finding Dr. Pearson's report lacked substantial weight because it did not adequately address J.H.W.'s pre-vaccination respiratory difficulties. The Special Master concluded that petitioners failed to demonstrate a Table Injury, actual causation by the vaccine, or significant aggravation of a pre-existing condition, leading to dismissal for insufficient proof. The public text does not specify a Table Injury theory, a detailed mechanism of injury, or provide specific award details as the case was dismissed.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00098-0
Date issued/filed: 2016-05-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 4/12/16) regarding 40 DECISION of Special Master. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:15-vv-00098-UNJ Document 44 Filed 05/04/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
MELISSA KIRDZIK, and *
JOHN HENRY WATTS III, Natural *
Parents of * No. 15-0098V
J.H.W. IV, a minor, * Special Master Christian
* Moran
Petitioners, *
*
v. * Filed: April 12, 2016
*
SECRETARY OF HEALTH *
* Hepatitis B vaccine; respiratory
Respondent. * distress syndrome (“RDS”),
* compensation.
* * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC., Linwood, NJ, for
petitioner.
Darryl R. Wishard, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Melissa Kirdzik and John Henry Watts III filed a petition on behalf of their
minor son, J.H.W. (“JHW”), under the National Childhood Vaccine Injury Act, 42
U.S.C. §300aa—10 et seq., on February 2, 2015. The petition alleged that JHW
suffered injuries after he received the Hepatitis B vaccine on June 29, 2013. See
Petition, filed Feb. 2, 2015. The information in the record, however, does not
show entitlement to an award under the Program.
1 The E-Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services), requires that the Court post this decision on its website.
Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of
medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the website.

Case 1:15-vv-00098-UNJ Document 44 Filed 05/04/16 Page 2 of 4
I. Procedural History
On February 2, 2015, a petition was filed on behalf of JHW seeking
compensation for injuries he sustained following the receipt of the Hepatitis B
vaccine administered on June 29, 2013. The petition alleges that the vaccine
administration caused JHW to suffer and/or aggravated a breathing
disorder/condition.
On March 23, 2015, respondent filed her Rule 4 report. She concluded that
petitioners failed to demonstrate, by a preponderance of the evidence, that JHW’s
injuries were caused-in-fact by the vaccine or based on a significant aggravation of
a pre-vaccination respiratory distress syndrome (“RDS”). Respondent further
concluded that the petition lacked a reasonable basis.
On July 15, 2015, petitioners filed expert reports from Edward W. Pearson,
M.D. and on January 28, 2016, respondent filed an expert report and supporting
literature from Daniel H. Conway, M.D.
During a status conference held on February 8, 2016, petitioners’ counsel
requested time to confer with petitioners on how they would like to proceed with
the case.
On March 8, 2016, petitioners filed a motion entitled Motion for Judgement
on the Existing Record. Petitioners asserted that they intend to preserve their right
to file a civil action against the administrator and/or the manufacturer of the
Hepatitis B vaccine in the event the Special Master’s judgment is to deny
entitlement to compensation.
On March 28, 2016, respondent filed a response to petitioners’ motion.
Respondent stated that it was unclear what the petitioners’ were specifically
requesting. Based on the procedural history of the case, respondent interpreted the
motion as requesting a ruling on the record. Respondent concluded that based on
the existing record entitlement to compensation must be denied and petition must
be dismissed.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program, petitioners must prove either 1) that the vaccinee suffered a “Table
Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to
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Case 1:15-vv-00098-UNJ Document 44 Filed 05/04/16 Page 3 of 4
one of the vaccinee’s vaccinations, or 2) that the vaccinee suffered an injury that
was actually caused by a vaccine. See §§ 300aa—13(a)(1)(A) and 300aa—
11(c)(1). An examination of the record did not uncover any evidence that JHW
suffered a “Table Injury.” Further, the record does not contain other persuasive
evidence indicating that JHW’s injuries are vaccine-caused.
Under the Act, a petitioner may not be given a Program award based solely
on the petitioner’s claims alone. Rather, the petition must be supported by either
medical records or by the opinion of a competent physician. § 300aa—13(a)(1).
In this case, because the medical records do not support petitioner’s claim, a
medical opinion must be offered in support. Though a medical opinion has been
offered, it is not persuasive.
Dr. Pearson reasons that JHW did not fit into a risk category for RDS,
stating “his RDS is highly likely from another cause.” Exhibit 17 at 4. Dr.
Pearson concludes that the administration of the vaccine aggravated JHW’s
symptoms, and if it was not for the vaccine, it is more likely than not that JHW
would not continue to experience health and pulmonary problems. Id. at 5.
However, Dr. Pearson does not adequately address JHW’s existing respiratory
difficulty prior to vaccination. Dr. Pearson states that JHW’s difficulties could be
“fairly easily and non surgically manag[ed]” without further explanation of that
conclusion See id. at 4-5. Dr. Pearson’s focuses on increasing respiratory
problems after administration without adequately addressing JHW’s preexisting
respiratory problems means the report cannot be given substantial weight.
Accordingly, it is clear from the record in this case that petitioner has failed
to demonstrate that JHW suffered a “Table Injury,” that the hepatitis B vaccination
“actually caused” JHW’s breathing problems, or that the hepatitis B vaccination
“significantly aggravated” his breathing problems.
Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
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Case 1:15-vv-00098-UNJ Document 44 Filed 05/04/16 Page 4 of 4
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
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