VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00159
Package ID: USCOURTS-cofc-1_15-vv-00159
Petitioner: R.D.
Filed: 2015-02-29
Decided: 2016-06-08
Vaccine: DTP
Vaccination date: 2012-02-20
Condition: mitochondrial disease/dysfunction
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioners Hailey and Chad Davis, on behalf of minor R.D., alleged that mitochondrial disease/dysfunction resulted from DTP, DTap, DT, Hib, and PCV vaccinations received on February 20, 2012, and FluMist vaccination on October 22, 2012. The petition was filed on February 29, 2015. Petitioners later moved to dismiss, stating they could not prove entitlement to compensation. Chief Special Master Nora Beth Dorsey noted that entitlement requires proof of a "Table Injury" or actual causation. The record lacked evidence of a "Table Injury" and persuasive evidence of actual causation. No expert report was filed to support the claims, which is required when medical records are insufficient. The case was dismissed for insufficient proof on June 8, 2016. Attorneys for petitioners were Renee Gentry and for respondent Heather Lynn Pearlman.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00159-0
Date issued/filed: 2016-06-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/18/2016) regarding 44 DECISION of Special Master Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00159-UNJ Document 45 Filed 06/08/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 18, 2016
* * * * * * * * * * * * * * UNPUBLISHED
HAILEY DAVIS and CHAD DAVIS, *
as Parents and Natural Guardians of *
R.D., a Minor, *
* No. 15-159V
Petitioners, *
*
v. * Chief Special Master Dorsey
*
SECRETARY OF HEALTH * DTP; DTap; DT; Hib; PCV;
AND HUMAN SERVICES, * Motion to Dismiss; Insufficient Proof.
*
Respondent. *
*
* * * * * * * * * * * * * *
Renee Gentry, Vaccine Injury Clinic, George Washington University Law School, Washington,
DC, for petitioners.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION DISMISSING PETITION1
On February 29, 2015, Hailey and Chad Davis (“petitioners”) filed a petition for
compensation under the National Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq.
(2012) (“Vaccine Act”), on behalf of their son, R.D., a minor. Petitioners allege that R.D.
suffered from mitochondrial disease/dysfunction as a result of receiving the DTP, DTap, DT,
Hib, and PCV vaccinations on February 20, 2012, and the FluMist vaccination on October 22,
2012. Petition at Preamble.
On May 16, 2016, petitioners filed a Motion to Dismiss. Motion to Dismiss dated May
15, 2016 (ECF No. 43). Petitioners stated that they will be unable to prove that R.D. is entitled
1 Because this unpublished decision contains a reasoned explanation for the action in this case,
the undersigned intends to post this decision on the United States Court of Federal Claims'
website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012)
(Federal Management and Promotion of Electronic Government Services). In accordance with
Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review,
the undersigned agrees that the identified material fits within the requirements of that provision,
she will delete such material from public access.
1

Case 1:15-vv-00159-UNJ Document 45 Filed 06/08/16 Page 2 of 2
to compensation in the Program and that to proceed further would be unreasonable. Petitioners
also stated that they understand that a decision dismissing their petition will terminate all of their
rights in the Vaccine Program. Furthermore, petitioners wished to retain their right to file a civil
action in the future and thus intend to elect to reject the Vaccine Program judgment.
To receive compensation under the Program, petitioners must prove either: 1) that R.D.
suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—corresponding
to a vaccination, or 2) that he 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 R.D. suffered a “Table Injury,” nor do petitioners allege that he suffered a “Table
Injury.” Further, the record does not contain any persuasive evidence indicating that R.D.’s
injury was caused by the vaccinations he received on either February 20, 2012, or October 22,
2012.
Under the Vaccine Act, a petitioner may not be awarded compensation based solely on
the petitioner’s claims. 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 are insufficient to establish entitlement to compensation, a medical opinion must be
offered in support. However, petitioners have not filed an expert report.
Accordingly, it is clear from the record in this case that petitioners have failed to
demonstrate either that R.D. suffered a “Table Injury” or that his injuries were caused-in-fact by
one or more of his vaccinations. Thus, this case is dismissed for insufficient proof. In the
absence of a motion for review, the Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2