J.B.A. v. HHS - DTaP, seizures, developmental delay, and encephalopathy (2017)

Jaclyn Rene Bales, on behalf of her minor child J.B.A., filed a petition on November 15, 2017, alleging that a diphtheria-tetanus-acellular pertussis (DTaP) vaccination administered on August 22, 2012, caused J.B.A. to suffer from seizures, developmental delay, and encephalopathy. The respondent was the Secretary of Health and Human Services.

The public decision does not describe the specific symptoms, onset, medical records, or treatments related to J.B.A.'s condition. J.B.A. has an SCN1A gene mutation, which is associated with neurological conditions like Dravet Syndrome.

The petitioner argued that the DTaP vaccination, rather than the gene mutation, caused J.B.A.'s condition, noting that the mother also carries the gene but is asymptomatic. The petitioner initially sought compensation under the National Vaccine Injury Compensation Program.

However, after retaining new counsel and being granted additional time to obtain expert reports from a geneticist and a neurologist or immunologist, the petitioner filed a motion to dismiss her claim on November 14, 2017. The petitioner stated that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation.

The respondent reserved the right to challenge the timeliness of the claim and oppose any application for attorneys' fees and costs but did not oppose the motion for dismissal. The petitioner intended to reject any Vaccine Program judgment and file a civil action.

Special Master Thomas L. Gowen agreed that the petitioner would be unable to prove entitlement to compensation due to insufficient proof and dismissed the case.

The public decision does not name the petitioner's counsel or the respondent's counsel. No award amount was granted as the case was dismissed.