D.B.J. v. HHS - Pentacel, autism (2017)
Case summary [AI summaries can sometimes make mistakes]
On June 22, 2015, Elizabeth Leanne Johnson and Brittney Joseph Johnson, as parents and natural guardians of a minor child, D.B.J., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the Pentacel vaccine, received by D.B.J. on May 18, 2011, and on subsequent dates including June 22, 2011, September 12, 2011, and June 27, 2012, caused the child to develop autism.
The petition was filed on September 11, 2017. After submitting initial medical records, the petitioners requested and received extensions to gather further documentation, citing ongoing tests for D.B.J.
Additional medical records were filed between November 2015 and February 2016. The respondent filed her Rule 4(c) report on April 14, 2016.
The Special Master issued an order staying the matter until August 31, 2016, due to parallel proceedings that might bear on the case's resolution. The Special Master also noted that the petitioners' causation theory had been repeatedly rejected in numerous recent cases and that a reasonable basis appeared lacking.
The stay was extended until June 30, 2017. On July 6, 2017, the Special Master directed counsel to discuss the claim's viability with the petitioners in light of anticipated court decisions.
Subsequently, on August 18, 2017, the petitioners filed a motion to dismiss, acknowledging they did not expect to be able to establish entitlement to compensation. To receive compensation, a petitioner must prove either a "Table Injury" or that a vaccine actually caused the injury, supported by medical records or expert opinion.
The Special Master found no evidence in the record that D.B.J. suffered a Table injury. Furthermore, the record contained insufficient evidence for the petitioners to meet their burden of proof.
Consequently, Special Master Brian H. Corcoran dismissed the case for insufficient proof.
The Clerk was directed to enter judgment accordingly. The public decision was posted on the Court of Federal Claims’s website.
Theory of causation
Petitioners alleged that the Pentacel vaccine administered on May 18, 2011, and subsequently on June 22, 2011, September 12, 2011, and June 27, 2012, caused D.B.J. to develop autism. The Special Master noted that the petitioners' causation theory had been repeatedly rejected in numerous recent cases and that a reasonable basis appeared lacking. The petitioners ultimately filed a motion to dismiss, acknowledging they could not establish entitlement. To receive compensation, a petitioner must prove a Table injury or actual causation supported by medical records or expert opinion. The Special Master found no evidence of a Table injury and insufficient evidence in the record to meet the petitioners' burden of proof. The case was dismissed for insufficient proof by Special Master Brian H. Corcoran on November 14, 2017. Attorneys for the petitioner were Robert Joel Krakow and for the respondent Ann Donohue Martin.
Source PDFs
USCOURTS-cofc-1_15-vv-00643