C.P. v. HHS - MMR, encephalopathy and behavioral changes (2017)

Philip and April Power filed a petition for vaccine compensation on March 3, 2015, on behalf of their minor child, C.P. They alleged that shortly after receiving a measles-mumps-rubella (MMR) vaccine on April 12, 2012, C.P. suffered encephalopathy and behavioral changes.

The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the public decision does not describe the onset of symptoms, specific clinical details, or any medical tests or treatments.

The decision emphasized that claims cannot be based solely on the petitioner's assertions but must be supported by medical records or a competent physician's opinion. As the petitioners offered no such supporting medical opinion, and the medical records were insufficient, the case was dismissed for lack of proof.

On January 6, 2017, the petitioners filed a motion to dismiss the petition themselves, which was granted by Special Master Mindy Michaels Roth. The case was dismissed for insufficient proof, and judgment was entered accordingly.

The attorneys for the petitioner were Mark Theodore Sadaka and Mark T. Sadaka, LLC.

The attorney for the respondent was Camille Michelle Collett.