Whitney Hill v. HHS - DTaP, death (2017)
Case summary [AI summaries can sometimes make mistakes]
Whitney Hill filed a petition on July 1, 2015, on behalf of her minor child, C.T., alleging that vaccinations received on or about June 9, 2013, resulted in his injuries and subsequent death. The vaccines administered included IPV, Hepatitis B, DTaP, Hib, Pneumococcal-13, and Rotavirus.
The petitioner did not allege an injury listed on the Vaccine Injury Table, classifying the claim as 'off-Table.' This classification required the petitioner to prove by a preponderance of the evidence that the vaccine caused the injury and that any residual effects lasted more than six months. The public decision does not describe the specific injuries or symptoms C.T. experienced, nor does it detail the clinical course, diagnostic tests, or treatments.
The petitioner, represented by Patricia A. Finn, Esq., filed a motion for a decision dismissing the petition on October 19, 2017.
The respondent was the Secretary of Health and Human Services, represented by Colleen C. Hartley, Esq.
Special Master Mindy Michaels Roth reviewed the evidence submitted. The Special Master concluded that the petitioner failed to demonstrate by a preponderance of the evidence that the vaccinations caused C.T.'s alleged injuries and subsequent death.
The public decision does not name any experts or detail specific medical or scientific explanations presented by either party. Consequently, the petition was dismissed.
Judgment was entered accordingly on November 20, 2017.
Theory of causation
Petitioner Whitney Hill, on behalf of minor C.T., alleged that IPV, Hepatitis B, DTaP, Hib, Pneumococcal-13, and Rotavirus vaccinations administered on or about June 9, 2013, caused C.T.'s death. This was an 'off-Table' claim, requiring proof by a preponderance of the evidence that the vaccine caused the injury and that residual effects lasted more than six months. The Special Master found that the petitioner failed to offer evidence showing that the vaccinations caused the alleged injuries and subsequent death. The public decision does not describe the specific mechanism of injury, name any experts, or detail the medical or scientific evidence presented. The petition was dismissed by Special Master Mindy Michaels Roth on November 20, 2017. Petitioner was represented by Patricia A. Finn, Esq., and respondent by Colleen C. Hartley, Esq.
Source PDFs
USCOURTS-cofc-1_15-vv-00687