R.D. v. HHS - DTP, mitochondrial disease/dysfunction (2016)

On February 29, 2015, Hailey and Chad Davis, as parents and natural guardians of R.D., a minor, filed a petition for compensation under the National Vaccine Injury Act of 1986. They alleged that R.D. suffered from mitochondrial disease/dysfunction as a result of receiving DTP, DTap, DT, Hib, and PCV vaccinations on February 20, 2012, and a FluMist vaccination on October 22, 2012.

The petitioners were represented by Renee Gentry of the Vaccine Injury Clinic, George Washington University Law School. The respondent was the Secretary of Health and Human Services, represented by Heather Lynn Pearlman of the U.S.

Department of Justice. On May 16, 2016, the petitioners filed a Motion to Dismiss, stating they were unable to prove R.D. was entitled to compensation and that further proceedings would be unreasonable.

They understood this would terminate their rights in the Vaccine Program but wished to retain their right to file a civil action. Chief Special Master Nora Beth Dorsey noted that to receive compensation, petitioners must prove either a "Table Injury" (an injury listed in the Vaccine Injury Table) corresponding to a vaccination or that the vaccine actually caused the injury.

The record did not contain evidence of a "Table Injury," nor did the petitioners allege one. Furthermore, the record lacked persuasive evidence that R.D.'s condition was caused by the vaccinations.

The court also pointed out that a petition cannot be based solely on claims; it must be supported by medical records or a competent physician's opinion, and no expert report was filed. Consequently, the case was dismissed for insufficient proof.

The decision was issued on June 8, 2016.