Sarah Morris v. HHS - MMR, other (2016)

Filed 2015-12-03Decided 2016-07-26Vaccine MMR
dismissed

Case summary [AI summaries can sometimes make mistakes]

On December 3, 2015, Sarah Morris filed a petition on behalf of her minor child, G.M., alleging that G.M. suffered a severe adverse reaction to vaccinations. The vaccines included MMR, Hepatitis A, Hepatitis A, Hepatitis B, and Varicella, received on March 6, 2013, and DTap, Hib, and Prevnar, received on June 11, 2013.

Petitioner counsel was Andrew Downing. Respondent counsel was Christine Becer.

On June 29, 2016, the petitioner filed a Motion to Dismiss, stating that she would likely be unable to meet her burden of proof regarding scientific and medical causation. The petitioner understood that a dismissal would terminate her rights in the Vaccine Program but wished to retain the right to file a civil action in the future, electing to reject the Vaccine Program judgment.

To receive compensation, the petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The public decision does not describe the specific injury alleged.

The record did not contain evidence of a "Table Injury," nor did the petitioner allege one. Furthermore, the record lacked persuasive evidence that the vaccinations caused G.M.'s injury, and no expert medical opinion was filed to support the claim.

The Special Master noted that medical records were insufficient to establish entitlement and that a medical opinion must be offered in support, but no expert report was filed. Consequently, Chief Special Master Nora Beth Dorsey dismissed the case for insufficient proof on July 26, 2016.

The public decision does not describe any specific symptoms, medical tests, or treatments.

Theory of causation

Petitioner Sarah Morris filed on behalf of minor G.M. alleging a severe adverse reaction to MMR, Hepatitis A, Hepatitis B, Varicella vaccines on March 6, 2013, and DTap, Hib, Prevnar vaccines on June 11, 2013. The case was dismissed for insufficient proof on July 26, 2016, by Chief Special Master Nora Beth Dorsey. Petitioner counsel was Andrew Downing, and respondent counsel was Christine Becer. Petitioner filed a Motion to Dismiss, stating an inability to meet the burden of proof for scientific and medical causation. The public decision does not describe the specific injury, onset, symptoms, medical tests, treatments, or a specific mechanism of causation. The record lacked evidence of a "Table Injury" or that the vaccines actually caused the alleged injury. No expert medical opinion was filed to support the claim. Petitioner elected to reject the Vaccine Program judgment to retain the right to file a civil action.

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