VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00551
Package ID: USCOURTS-cofc-1_15-vv-00551
Petitioner: J.W.
Filed: 2015-05-29
Decided: 2016-09-06
Vaccine: MMR
Vaccination date: 2012-06-01
Condition: static encephalopathy manifested by autism spectrum disorder
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioners Roby and Jeana Wilson, on behalf of minor J.W., alleged that MMR, Hep A, and Varicella vaccines administered on June 1, 2012, caused static encephalopathy manifested by autism spectrum disorder, including loss of speech and developmental regression. The petitioners moved to dismiss their petition, 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 petitioners did not allege one. Crucially, the record did not contain a medical expert's opinion or persuasive evidence demonstrating that the June 1, 2012, vaccinations actually caused J.W.'s alleged injuries. The public decision does not describe a specific mechanism of injury or name any medical experts. The case was dismissed for insufficient proof, with judgment entered against the petitioners. Renee J. Gentry represented petitioners, and Ryan D. Pyles represented respondent. The decision was issued on September 6, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00551-0
Date issued/filed: 2016-09-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/09/2016) regarding 42 DECISION of Special Master Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:15-vv-00551-UNJ Document 43 Filed 09/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-551V
Filed: August 9, 2016
[Not to be published]
* * * * * * * * * * * * *
J.W., by his parents and natural guardians, *
ROBY WILSON and JEANA WILSON, * Chief Special Master Dorsey
*
Petitioners, * Dismissal; Measles-Mumps-Rubella
v. * (“MMR”) Vaccine; Hepatitis A
* (“Hep A”) Vaccine; Encephalopathy;
* Autism
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Renee J. Gentry, Vaccine Injury Clinic, George Washington University Law School,
Washington, DC, for petitioners.
Ryan D. Pyles, United States Department of Justice, Washington, DC for respondent.
DECISION1
On May 29, 2015, Roby Wilson and Jeana Wilson (“petitioners”) filed a petition on
behalf of their minor child, J.W., pursuant to the National Vaccine Injury Compensation
Program.2 Petitioners alleged that as a result of receiving Measles-Mumps-Rubella (“MMR”),
Hepatitis A (“Hep A”), and Varicella vaccines on June 1, 2012, J.W. suffered brain injuries
resulting in a loss of speech and regression of development. Petition at ¶ 5. Petitioners filed an
Amended Petition on March 31, 2016, which further stated that J.W. was diagnosed with static
encephalopathy manifested by autism spectrum disorder on March 27, 2013. Amended Petition,
dated Mar. 31, 2016, at ¶ 5. The information in the record, however, does not show entitlement
to an award under the Program.
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, I agree that the identified material fits within the
requirements of that provision, I will delete such material from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§
300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be
to 42 U.S.C. § 300aa of the Act.
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Case 1:15-vv-00551-UNJ Document 43 Filed 09/06/16 Page 2 of 2
On August 8, 2016, petitioners moved for a decision dismissing their petition, stating that
“[a]n investigation of the facts and science supporting [the case] has demonstrated to the
Petitioner that he will be unable to prove that he is entitled to compensation in the Vaccine
Program.” Petitioners’ Motion for Decision Dismissing Petition at ¶ 1. Petitioners state that
they understand that a decision by the Special Master dismissing their petition will result in a
judgment against them, and that such a judgment will end all of their rights in the Vaccine
Program. Id. at ¶ 3. Petitioners state that they intend to protect their rights to file a civil action.
Id. at ¶ 5.
To receive compensation under the Program, petitioners must prove either (1) that J.W.
suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—corresponding
to the vaccination, or (2) that J.W. suffered an injury that was actually caused by the vaccination.
See §§ 13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence
that J.W. suffered a “Table Injury,” nor do petitioners allege that J.W. suffered a “Table Injury.”
Further, the record does not contain a medical expert’s opinion or any persuasive evidence
indicating that J.W.’s alleged injuries were caused by his June 1, 2012, vaccinations.
Under the Vaccine Act, petitioners may not receive a Program award based solely on the
petitioners’ claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 13(a)(1). In this case, because there are insufficient
medical records supporting petitioners’ claim, a medical opinion must be offered in support.
Petitioners have not filed such an opinion.
Accordingly, it is clear from the record in this case that petitioner has failed to
demonstrate either that J.W. suffered a “Table Injury” or that the injuries were “actually caused”
by his June 1, 2012, vaccinations. Thus, this case is dismissed for insufficient proof. The
Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
/ Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2