R.H. v. HHS - DTaP, epilepsy and developmental delays (2017)

On July 13, 2015, Jasmatie and Ryon Hardeen, as parents and natural guardians for their minor daughter R.H., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that R.H. received DTaP, IPV, Hib, PCV7, and Rotavirus vaccinations on January 16, 2014, and that these vaccines caused her to suffer epilepsy and developmental delays.

The respondent was the Secretary of Health and Human Services. The public decision does not describe the specific onset of symptoms, medical records, or any expert opinions filed in support of the petition.

On March 10, 2017, the petitioners moved for a dismissal of their claim, stating that an investigation of the facts and science demonstrated they would be unable to prove R.H. was entitled to compensation under the Program. They conceded that the medical records were insufficient to prove their claim and that no expert opinion had been filed to support the allegations.

The respondent did not oppose the dismissal. Special Master Herbrina Sanders reviewed the available information and noted that to receive compensation, petitioners must prove either a "Table Injury" or that the injury was actually caused by a vaccine.

The record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injury was caused by the vaccination. The Special Master also stated that awards cannot be based solely on claims alone but must be supported by medical records or a competent physician's opinion, neither of which was sufficiently present in the record.

Consequently, the case was dismissed for insufficient proof. The Clerk was ordered to enter judgment accordingly.

Clifford J. Shoemaker represented the petitioners, and Linda S.

Renzi represented the respondent.