Julie Reiling v. HHS - Hepatitis-B, seizures and regression of skills (2016)

Julie Reiling filed a petition on June 30, 2016, on behalf of her minor child, G.R., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the Hepatitis-B, inactivated polio, Pedvax-hib, and pneumococcal conjugate vaccines administered on September 7, 2012, caused G.R. to develop seizures and experience a regression of skills.

Petitioner submitted initial medical records and a statement of completion on April 1, 2015. The Respondent filed a status report on April 30, 2015, indicating that additional medical records were needed.

The Special Master initially set a deadline of June 5, 2015, for these records, but after two extensions, they were not filed until August 2015. The Respondent filed a report disputing compensation on October 5, 2015.

Following a status conference on October 19, 2015, the Special Master questioned the case's reasonable basis, noting a significant temporal gap between the September 2012 vaccinations and G.R.'s next physician visit in April 2013, and a lack of evidence showing a reaction to the vaccines or attributing the regression to them. Petitioner was ordered to file a status report by November 20, 2015.

After requesting two extensions for this report, a status conference was held on January 7, 2016. The Special Master then set a deadline of April 1, 2016, for Petitioner's expert report, interpreting the repeated extensions as a desire to proceed despite concerns about evidentiary viability.

This deadline passed without action. The Special Master issued another order setting April 22, 2016, as the deadline for the expert report, warning of potential dismissal.

Instead, on April 21, 2016, Petitioner requested more time and her counsel moved to withdraw. The Respondent opposed the withdrawal motion and requested dismissal for failure to prosecute.

Petitioner's counsel, Andrew Donald Downing of Van Cott & Talamante, PLLC, sought to withdraw, and Gordon Shemin of the U.S. Department of Justice represented the Respondent.

Special Master Brian H. Corcoran questioned the case's reasonable basis on two occasions and found that Petitioner's repeated disregard for deadlines and requests for extensions wasted court resources.

The Special Master also found insufficient evidence to proceed, noting the lack of persuasive evidence that G.R.'s alleged injury could have been caused by the vaccinations, particularly given the temporal gap. The decision referenced that petitioners arguing developmental problems akin to autism spectrum disorder after vaccination have been routinely unsuccessful without clear evidence of a severe reaction.

The case was dismissed for failure to prosecute and insufficient proof.