Maria Echevarria, Individually And As Guardian Of The Late D.E. v. HHS - Pneumococcal, RSV bronchiolitis, pneumonia, and metabolic disease (2016)

Filed 2015-02-02Decided 2016-10-12Vaccine Pneumococcal
dismisseddeath

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 October 12, 2016.

Theory of causation

Petitioner Maria Echevarria alleged that a pneumococcal conjugate vaccination caused her minor child, D.E., to develop RSV bronchiolitis, pneumonia, and metabolic disease, leading to death. The petition was filed on February 2, 2015. The Special Master found no evidence of a "Table Injury" and insufficient medical records or competent physician opinions to demonstrate that the alleged injuries were vaccine-caused. Petitioner subsequently filed a motion to dismiss her own case, which was granted on August 29, 2016, and the case was dismissed for insufficient proof by Special Master Mindy Michaels Roth on October 12, 2016. Petitioner's counsel was Patricia Finn, Esq., and respondent's counsel was Gordon Shemin, Esq. The public decision does not specify the vaccination date, age at vaccination, symptoms, or a proposed mechanism of causation.

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