Dwight Zahringer v. HHS - MMR, developmental delays, with the possibility of an underlying demyelinating condition; Autism Spectrum Disorder (ASD) (2017)

Dwight Zahringer filed a petition on September 22, 2015, on behalf of his minor child, B.Z., alleging that the measles-mumps-rubella (MMR) vaccine administered on September 17, 2012, caused developmental delays and potentially a demyelinating condition, as well as Autism Spectrum Disorder (ASD). Mr.

Zahringer initially proceeded pro se but later obtained counsel, Lawrence Michel. The petition stated that B.Z. received the MMR vaccine along with varicella, hepatitis A, influenza, and Prevnar vaccines on September 17, 2012.

The respondent is the Secretary of Health and Human Services. Throughout the proceedings, the petitioner repeatedly sought extensions to file an amended petition and an expert report.

However, no expert report was ever filed. The medical records indicated that the first mention of developmental concerns, specifically encouraging speech, appeared in March 2013, and a formal diagnosis of ASD was not considered until September 2014, over two years after the vaccination.

The Special Master reviewed the medical records and found that they did not establish a causal link between the MMR vaccine and B.Z.'s condition, nor did they indicate any reaction following the vaccination. As the petitioner failed to provide a competent medical expert opinion or establish the required Althen factors for an off-Table claim, the Special Master, Mindy Michaels Roth, dismissed the petition for failure to demonstrate entitlement to compensation.

The clerk was ordered to enter judgment accordingly.