J.T. v. HHS - MMR, Type 1 Diabetes (2016)

On November 23, 2015, Kimberly and David Tait filed a petition on behalf of their minor child, J.T., seeking compensation under the National Vaccine Injury Act of 1986. They alleged that J.T. developed Type 1 Diabetes as a result of receiving DTaP, Hib, IPV, and MMR vaccinations on January 30, 2015.

The petitioners were represented by Andrew D. Downing of Van Cott & Talamante, PLLC.

The respondent was the Secretary of Health and Human Services, represented by Robert P. Coleman, III of the United States Department of Justice.

On February 12, 2016, the petitioners filed a motion to dismiss their own petition, stating that after investigation, they recognized they would likely be unable to meet their burden of proof to establish entitlement to compensation. They understood that a dismissal would result in a judgment against them and end J.T.'s rights in the Vaccine Program.

Chief Special Master Nora Beth Dorsey presided over the case. To receive compensation, the petition stated, petitioners must prove either a Table Injury corresponding to the vaccination or that the injury was actually caused by a vaccine.

The record did not contain evidence of a Table Injury, nor did the petitioners allege one. Furthermore, the record lacked a medical expert's opinion or other persuasive evidence indicating that J.T.'s Type 1 Diabetes was caused by the vaccinations.

Because the medical records were insufficient and no medical opinion was offered, the petitioners failed to demonstrate entitlement. Consequently, the case was dismissed for insufficient proof.