J.W. v. HHS - MMR, static encephalopathy manifested by autism spectrum disorder (2016)

On May 29, 2015, Roby and Jeana Wilson, as parents and natural guardians for their minor child J.W., filed a petition under the National Vaccine Injury Compensation Program. They alleged that J.W. suffered brain injuries, including loss of speech and developmental regression, as a result of receiving the Measles-Mumps-Rubella (MMR), Hepatitis A (Hep A), and Varicella vaccines on June 1, 2012.

An amended petition filed on March 31, 2016, stated that J.W. was diagnosed with static encephalopathy manifested by autism spectrum disorder on March 27, 2013. The petitioners were represented by Renee J.

Gentry of the Vaccine Injury Clinic, George Washington University Law School. The respondent was the Secretary of Health and Human Services, represented by Ryan D.

Pyles of the United States Department of Justice. On August 8, 2016, the petitioners moved to dismiss their petition, stating that an investigation had demonstrated they would be unable to prove entitlement to compensation.

They acknowledged that dismissal would result in a judgment against them. To receive compensation, petitioners must prove either a "Table Injury" or that the vaccination actually caused the injury.

The record did not contain evidence of a "Table Injury," nor did the petitioners allege one. Furthermore, the record lacked a medical expert's opinion or persuasive evidence indicating that J.W.'s alleged injuries were caused by the vaccinations.

The public decision does not describe the onset of symptoms, specific medical tests performed, or treatments received. Because the petition was not supported by sufficient medical records or a competent physician's opinion, Chief Special Master Nora Beth Dorsey dismissed the case for insufficient proof.

The Clerk was directed to enter judgment accordingly.