VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00706
Package ID: USCOURTS-cofc-1_16-vv-00706
Petitioner: Z.E.
Filed: 2016-06-16
Decided: 2019-09-09
Vaccine: DTaP
Vaccination date: 2014-01-31
Condition: encephalopathy, or in the alternative, fever, seizures, speech/developmental delay, and/or other injuries
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Z.E., a minor, by his mother Crystal Eckhart, alleged injury from DTaP, Hepatitis B, PCV, and IPV vaccines received on January 31, 2014, resulting in encephalopathy, or alternatively, fever, seizures, speech/developmental delay, and/or other injuries. The case was filed on June 16, 2016. Petitioner later moved to dismiss, conceding insufficient evidence to prove entitlement under the National Vaccine Injury Compensation Program. Respondent did not object. Special Master Herbrina Sanders dismissed the case for insufficient proof, stating the record lacked persuasive evidence of a "Table Injury" or that the vaccines actually caused the alleged injuries. The public decision does not specify the mechanism of injury, name any experts, or detail the medical evidence or lack thereof. No award was made.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00706-0
Date issued/filed: 2019-09-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/16/2019) Regarding 50 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (cr) Service on parties made.
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Case 1:16-vv-00706-UNJ Document 54 Filed 09/09/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: August 16, 2019
* * * * * * * * * * * * * * *
Z.E. a minor, by his mother, CRYSTAL *
ECKHART, * No. 16-706V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Dismissal; Insufficient Proof;
AND HUMAN SERVICES, * Encephalopathy; Fever; Seizures;
* Developmental Delay.
Respondent. *
* * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for Petitioner.
Kimberly S. Davey, United States Department of Justice, Washington, D.C., for Respondent.
DISMISSAL1
On June 16, 2016, Crystal Eckhart, on behalf of Z.E. (“Petitioner”), filed a petition for
compensation under the National Vaccine Injury Compensation Program2 (“Vaccine Program” or
“Program”). 42 U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that he developed an
encephalopathy, or in the alternative, fever, seizures, speech/developmental delay, and/or other
injuries, as a result of the Diphtheria-tetanus-pertussis (“DTaP”), Hepatitis B, pneumococcal
conjugate (“PCV”), and polio (“IPV”) vaccines he received on January 31, 2014. Pet. at 1, ECF
No. 1. The information in the record, however, does not show entitlement to an award under the
Program.
On August 7, 2019, Petitioner filed a motion for a decision dismissing his petition. ECF
No. 49. In his motion, Petitioner conceded that he “has been unable to secure sufficient and/or
1 This decision shall be posted on the United States Court of Federal Claims’ website, in accordance with
the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). This means the Decision will be available to anyone with access to
the Internet. In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete
medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the
rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree
that the identified material fits within the requirements of that provision, such material will be deleted from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“the Vaccine Act”
or “Act”). Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent
subparagraph of 42 U.S.C. § 300aa (2012).

Case 1:16-vv-00706-UNJ Document 54 Filed 09/09/19 Page 2 of 2
persuasive evidence to prove entitlement to compensation in the Vaccine Program.” Id. at 1.
Petitioner continued, “to proceed further would be unreasonable and would waste the resources of
the Court, Respondent, Petitioner, and the Vaccine Program.” Id. Respondent had no objection
to Petitioner’s motion. Id. at 2.
To receive compensation under the Program, Petitioner must prove either (1) that he
suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—corresponding
to the vaccination, or (2) that he suffered an injury that was actually caused by a vaccine. See §§
13(a)(1)(A), 11(c)(1). An examination of the record before me, however, did not uncover
persuasive evidence that Petitioner suffered a “Table Injury.” Further, the record also does not
contain persuasive evidence that Petitioner’s alleged injuries were caused by the vaccines
identified above.
Under the Act, petitioners may not be given a Program award based solely on their claims
alone. Rather, the petition must be supported by medical records or the opinion of a competent
physician. § 13(a)(1). In this case, the medical records and filed expert reports are insufficient to
prove Petitioner’s claim. Therefore, this case must be dismissed for insufficient proof. The
Clerk shall enter judgment accordingly.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a notice
renouncing the right to seek review.
2