Heather Caron v. HHS - MMR, Chronic Recurrent Multifocal Osteomyelitis (CRMO) (2018)

On July 23, 2015, Heather Caron filed a petition on behalf of her minor son, A.C., alleging that the DTaP, HIB, MMR, and Varicella vaccinations A.C. received on August 2, 2012, caused him to develop Chronic Recurrent Multifocal Osteomyelitis (CRMO) and other related symptoms. A.C. was born prematurely on July 18, 2009.

Prior to the vaccinations, A.C. had numerous medical visits for various childhood illnesses and received other routine vaccines on a delayed schedule without adverse events. Following the August 2, 2012 vaccinations, A.C. did not seek medical attention until December 4, 2012, for an ear issue.

His foot pain, which Petitioner alleged was vaccine-related, began around January 2013, with his first medical visit for this complaint occurring on January 16, 2013. This led to further investigations, including visits to orthopedics and rheumatology, and ultimately a hospitalization in April 2013.

The consensus diagnosis became CRMO. The core dispute in the case was the onset date of A.C.'s symptoms.

Petitioner alleged an onset in the fall of 2012, based on her own testimony, affidavits from family members, and a reconstructed date book. Respondent argued, and the Special Master found, that the contemporaneous medical records consistently indicated an onset in January 2013, approximately five months after the vaccinations.

The Special Master denied reconsideration of the onset ruling and ultimately denied entitlement, finding that Petitioner failed to prove by a preponderance of the evidence that the vaccinations caused A.C.'s CRMO, as required for an off-Table claim. The court affirmed the Special Master's decision, finding it was not arbitrary, capricious, or contrary to law.

Petitioner was represented by Verne E. Paradie, Jr., Esq., and respondent was represented by Jennifer L.

Reynaud, Esq. The Special Master was Mindy Michaels Roth.