Z.H. v. HHS - other (2017)

On December 16, 2015, John and Rachel Homick filed a Petition for Vaccine Compensation in the National Vaccine Compensation Program on behalf of their minor child, Z.H., alleging an injury from a vaccine listed on the Vaccine Injury Table. The public decision does not specify the vaccine(s) administered, the date(s) of vaccination, or the specific condition alleged.

The respondent was the Secretary of Health and Human Services. The petitioners acknowledged on May 22, 2017, that they would be unable to prove entitlement to compensation.

To receive compensation, petitioners must prove either a "Table Injury" corresponding to a vaccination or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury" or a medical expert's opinion or other persuasive evidence indicating that Z.H.'s injury was vaccine-caused.

The public decision notes that the Act requires supporting medical records or a competent physician's opinion, neither of which was offered by the petitioners. Consequently, the petitioners failed to demonstrate entitlement.

Special Master George L. Hastings, Jr. granted the petitioners' motion for a decision dismissing their petition due to insufficient proof of causation.

The case was dismissed for insufficient proof, and the Clerk was ordered to enter judgment accordingly. The public decision does not name the petitioner's counsel or the respondent's counsel.