E.D.D. v. HHS - MMR, seizure disorder (2020)
Case summary [AI summaries can sometimes make mistakes]
On July 6, 2015, Eve Dineen and Daniel Dineen, as legal representatives of a minor child, E.D.D., filed a petition in the National Vaccine Injury Compensation Program. The petition alleged that E.D.D. developed a seizure disorder as a result of receiving measles, mumps, and rubella (MMR), diphtheria-tetanus-acellular pertussis (DTaP), and Hepatitis B (Hep B) vaccinations on July 24, 2012.
The respondent was the Secretary of Health and Human Services. The public decision does not describe the specific onset of symptoms, any diagnostic tests performed, or treatments received.
The public decision also does not name the petitioner's counsel or the respondent's counsel. On October 30, 2020, the petitioners filed a motion to dismiss their own petition, understanding that this would result in a judgment against them and end their rights in the Vaccine Program.
They stated their intention to preserve their right to file a civil action in the future. The Special Master granted the motion to dismiss for insufficient proof, and judgment was entered accordingly.
The respondent reserved the right to question the good faith and reasonable basis of the claim regarding fees and costs but otherwise did not oppose the motion. The public decision does not detail the Special Master's reasoning beyond granting the motion for insufficient proof.