J.R. v. HHS - Hepatitis A, dystonia musculorum deformans (2016)

Filed 2015-06-01Decided 2016-12-01Vaccine Hepatitis A
dismissed

Case summary [AI summaries can sometimes make mistakes]

Sabrina Santacroce, on behalf of her minor son J.R., filed a petition on June 1, 2015, alleging that the Varivax, Prevnar, and hepatitis A vaccines administered on March 8, 2013, caused J.R. to develop dystonia musculorum deformans. J.R. was born on July 1, 2011.

The petition was filed under the National Childhood Vaccine Injury Act. On December 1, 2016, petitioner filed a motion to dismiss the petition, stating that she would likely be unable to meet her burden of proof regarding scientific and medical causation and that proceeding further would be unreasonable and waste resources.

The Special Master granted the motion and dismissed the case. The decision noted that J.R. received other vaccinations on April 27, 2012, and August 14, 2013.

Medical records indicated that J.R. was neurologically normal, had normal developmental milestones, and did not have seizures. His abnormal movements and crying appeared to be behavioral and possibly triggered by emotional stimuli, with treating doctors suggesting a referral to a behavioral specialist.

The public decision does not describe petitioner counsel, respondent counsel, or the specific mechanism of causation alleged beyond the vaccines and the condition. The court found that the medical records did not support the petitioner's allegations and that she had not filed an expert report.

Therefore, the case was dismissed.

Theory of causation

Petitioner Sabrina Santacroce alleged that Varivax, Prevnar, and hepatitis A vaccines administered on March 8, 2013, caused J.R. (born July 1, 2011) to develop dystonia musculorum deformans. The petition was filed on June 1, 2015. Petitioner later moved to dismiss, recognizing an inability to meet the burden of proof for scientific and medical causation. The Special Master granted the motion and dismissed the case. The public decision does not name experts, detail a specific medical theory, or describe the mechanism of causation. Medical records indicated J.R. was neurologically normal with normal developmental milestones and no seizures; his symptoms were deemed behavioral and possibly triggered by emotional stimuli, with a referral to a behavioral specialist suggested by treating doctors. The Special Master noted that the medical records did not support the petitioner's allegations and that no expert report was filed. The case was dismissed, and no award was made.

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