D.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, D.T., seeking compensation under the National Vaccine Injury Compensation Program. They alleged that D.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 D.T.'s rights in the Vaccine Program.

Chief Special Master Nora Beth Dorsey reviewed the case. The public decision does not describe the onset of symptoms, specific medical records, or treatments.

The Special Master noted that to receive compensation, petitioners must prove either a "Table Injury" or that the vaccine actually caused the injury. 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 the vaccinations caused D.T.'s injury. The Special Master found that the medical records were insufficient to establish entitlement and that no medical opinion had been offered in support.

Consequently, on February 16, 2016, Chief Special Master Dorsey issued a decision dismissing the petition for insufficient proof. Subsequently, on April 12, 2016, the petitioners filed an application for attorneys' fees and costs, requesting $5,576.50 in fees and $700.55 in costs, totaling $6,277.05.

The respondent stated they had no objection to the requested amount. On May 11, 2016, Chief Special Master Dorsey granted the motion, awarding a total of $6,277.05, payable jointly to the petitioners and their counsel, Andrew D.

Downing.