Amy Uscher v. HHS - non-verbal, mood swings, and tantrums (2017)

Amy Uscher filed a petition on July 28, 2015, on behalf of her minor child, M.U., alleging that vaccinations received on July 16, 2012, caused M.U. to become non-verbal and exhibit mood swings and tantrums. The petition also mentioned a MTHFR gene mutation as a susceptibility factor.

The case was not alleged as a Table claim, requiring the petitioner to demonstrate causation-in-fact. Petitioner's initial expert report, from Dr.

Dickerson, proposed theories involving mercury and aluminum toxicity and MTHFR gene mutations. The Special Master, Chief Special Master Nora Beth Dorsey, reviewed prior case law and found these theories insufficient.

The Special Master granted the petitioner an extension to obtain a new expert report with different theories. However, the petitioner's second retained expert declined to write a report, agreeing that there was insufficient evidence of causation.

Following a status conference on January 10, 2017, where the Special Master indicated the claim lacked a reasonable basis to proceed, and after an Order to Show Cause was issued on January 12, 2017, the petitioner failed to provide further supporting documentation or expert reports. Consequently, the case was dismissed with prejudice for failure to prosecute.

Petitioner's counsel, Andrew Downing, had previously withdrawn from the case on July 11, 2016. Respondent was represented by Christine M.

Becer. The Special Master awarded petitioner reimbursement of $2,400.00 for the expert's retainer incurred before January 10, 2017, but denied reimbursement for petitioner's own time.