Z.E. v. HHS - DTaP, encephalopathy, or in the alternative, fever, seizures, speech/developmental delay, and/or other injuries (2019)

On June 16, 2016, Crystal Eckhart, on behalf of Z.E., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Z.E. developed an encephalopathy, or in the alternative, fever, seizures, speech/developmental delay, and/or other injuries as a result of receiving the Diphtheria-tetanus-pertussis (DTaP), Hepatitis B, pneumococcal conjugate (PCV), and polio (IPV) vaccines on January 31, 2014.

The respondent was the Secretary of Health and Human Services. On August 7, 2019, the petitioner filed a motion to dismiss the petition, conceding an inability to secure sufficient and/or persuasive evidence to prove entitlement to compensation.

The petitioner stated that proceeding further would be unreasonable and would waste the resources of the Court, Respondent, Petitioner, and the Vaccine Program. The respondent did not object to the dismissal.

Special Master Herbrina Sanders noted that to receive compensation, a petitioner must prove either a "Table Injury" listed in the Vaccine Injury Table or that the vaccines actually caused the alleged injuries. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or the names of any medical experts consulted by the petitioner.

The Special Master found that the medical records and filed expert reports in the record were insufficient to prove the petitioner's claim. Consequently, the case was dismissed for insufficient proof.

The Clerk was ordered to enter judgment accordingly. Petitioner's counsel was Michael G.

McLaren of Black McLaren, et al., PC. Respondent's counsel was Kimberly S.

Davey of the United States Department of Justice.