R.P. v. HHS - DTaP, motor planning disorder and sensory processing disorder (2017)

On June 27, 2016, Christian and Mihaela Panaitescu, as parents and natural guardians for their minor son R.P., filed a petition for compensation under the National Vaccine Injury Act. They alleged that R.P. suffered from a motor planning disorder and sensory processing disorder as a result of receiving a DTap vaccination on June 26, 2013.

The petition was later amended on November 30, 2016. On May 18, 2017, the petitioners filed a motion to dismiss their own case, stating they would be unable to prove R.P. was entitled to compensation and that proceeding further would be unreasonable.

They understood this dismissal would terminate their rights in the Vaccine Program but wished to retain their right to file a civil action. Chief Special Master Nora Beth Dorsey noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccine actually caused the injury.

The record did not contain evidence of a Table Injury, nor did the petitioners allege one. Furthermore, the record lacked persuasive evidence that the vaccinations caused R.P.'s alleged injuries.

The Special Master also highlighted that a petition cannot be based solely on claims; it must be supported by medical records or a physician's opinion, and the petitioners had not filed an expert report. Consequently, the case was dismissed for insufficient proof.

Clifford Shoemaker represented the petitioners, and Voris Johnson represented the respondent. The decision was issued on June 27, 2017.