Maria Echevarria, Individually And As Guardian Of The Late D.E. v. HHS - Pneumococcal, RSV bronchiolitis, pneumonia, and metabolic disease (2016)
Case summary [AI summaries can sometimes make mistakes]
Maria Echevarria, individually and as guardian of the late minor child D.E., filed a petition for vaccine compensation on February 2, 2015. The petition alleged that a pneumococcal conjugate vaccination caused D.E. to develop RSV bronchiolitis, pneumonia, and metabolic disease, leading to his death.
The Special Master reviewed the record and found that it did not contain sufficient evidence to prove entitlement to an award. The public decision does not describe the specific date of vaccination, the child's age at vaccination, the onset of symptoms, specific medical records, or competent physician opinions.
There was no evidence of a "Table Injury" as defined by the Vaccine Injury Table. Furthermore, the record lacked persuasive evidence indicating that D.E.'s alleged injuries were vaccine-caused or vaccine-related.
Petitioner's counsel was Patricia Finn, Esq., and respondent's counsel was Gordon Shemin, Esq. On August 29, 2016, petitioner filed a motion to dismiss her own case, which was granted.
The case was dismissed for insufficient proof by Special Master Mindy Michaels Roth on September 16, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00100