Taylor Frady v. HHS - Hepatitis B, death (2017)
Case summary [AI summaries can sometimes make mistakes]
Taylor Frady filed a petition on September 20, 2017, on behalf of her deceased minor child, A.F., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the Hepatitis B, dTap, IPV, HIB, PCV, and ROTA vaccinations received on September 22, 2014, caused A.F.'s death.
After initial filings and medical records were submitted, Special Master Brian H. Corcoran issued an order on September 8, 2016, noting doubts about the claim's success, particularly in light of similar cases linking vaccines to Sudden Infant Death Syndrome (SIDS) that had been dismissed.
The Special Master directed Petitioner to show cause why the claim should not be dismissed. Petitioner filed a brief and additional medical records on December 16, 2016.
On August 14, 2017, the Special Master again ordered Petitioner to file a motion for ruling, a stipulation for dismissal, or a status report indicating retention of an expert, reiterating doubts about the case's reasonable basis. On September 19, 2017, Petitioner filed a motion to dismiss, acknowledging that she did not expect to establish entitlement.
The court found insufficient evidence in the record for Petitioner to meet her burden of proof, noting the absence of a Table injury and insufficient medical records or expert opinion to support the claim. The case was dismissed for insufficient proof on November 14, 2017.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of death. Petitioner was represented by Patricia Ann Finn of Patricia Finn, P.C., and Respondent was represented by Camille M.
Collett of the U.S. Department of Justice.
Theory of causation
Petitioner alleged that the Hepatitis B, dTap, IPV, HIB, PCV, and ROTA vaccinations received on September 22, 2014, caused the death of minor child A.F. The Special Master noted that similar theories linking vaccines to Sudden Infant Death Syndrome (SIDS) have rarely been successful in the Vaccine Program and expressed doubts about the reasonable basis of the claim absent a new theory or stronger scientific evidence. The public text does not describe a specific theory of causation, expert testimony, or a mechanism of injury. Petitioner ultimately filed a motion to dismiss, acknowledging an inability to establish entitlement. The case was dismissed for insufficient proof, as there was no evidence of a Table injury and insufficient medical records or expert opinion to support the claim. Special Master Brian H. Corcoran issued the decision on November 14, 2017. Petitioner was represented by Patricia Ann Finn, and Respondent was represented by Camille M. Collett.
Source PDFs
USCOURTS-cofc-1_16-vv-00148