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

Filed 2015-10-13Decided 2017-08-07Vaccine vaccine
dismissedcognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

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.

Theory of causation

Petitioner Cinthia Van Alst, on behalf of minor J.V., alleged that J.V. suffered seizures and developmental delays following vaccinations on August 21, 2014, including DTaP, IPV, Hib, Hepatitis B, PCV, and Rotavirus. The petition was filed on October 13, 2015. Petitioner later moved to dismiss, stating insufficient proof of entitlement. The Special Master found no evidence of a "Table Injury." Petitioner pursued a causation-in-fact claim but failed to submit an expert report opining on causation, despite multiple extensions and discussions regarding medical records and genetic testing. The Special Master concluded that petitioner failed to prove actual causation, leading to dismissal for insufficient proof. The public decision does not describe the specific mechanism of injury, expert opinions, or award details, as the case was dismissed. Special Master Christian J. Moran issued the decision on August 7, 2017. Petitioner's counsel was Andrew D. Downing, and respondent's counsel was Ann D. Martin.

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