Cinthia Van Alst v. HHS - seizures and developmental delays (2017)

Cinthia Van Alst filed a petition on October 13, 2015, on behalf of her minor child, J.V., alleging that J.V. suffered adverse reactions, including seizures and developmental delays, as a result of receiving multiple vaccines (DTaP, IPV, Hib, Hepatitis B, PCV, and Rotavirus) on August 21, 2014. The petition was filed under the National Childhood Vaccine Injury Act.

Ms. Van Alst later filed a motion to dismiss her own petition on June 27, 2017, stating that the information in the record did not demonstrate entitlement to an award.

The Special Master noted that Ms. Van Alst initially failed to submit required medical records with her petition.

Although she later provided them, parts of the handwritten records were illegible, necessitating the filing of transcribed records. Respondent's report, filed on March 21, 2016, indicated that the medical records did not demonstrate that the vaccines J.V. received caused his seizures or developmental delay.

Despite several extensions and status conferences to discuss updated medical records, genetic testing results, and potential theories of causation, Ms. Van Alst failed to submit an expert report opining on causation.

The Special Master found that the petitioner failed to prove either that J.V. suffered a "Table Injury" or that J.V.'s injuries were actually caused by a vaccination, as required by the National Childhood Vaccine Injury Act. Consequently, the case was dismissed for insufficient proof, and no compensation was awarded.

The decision was signed by Special Master Christian J. Moran.