S.N. v. HHS - Hib, asthma or reactive airway disease (2017)

Malka Nussbaum, as the best friend of her minor son S.N., filed a claim on November 30, 2017, alleging that S.N. suffered from asthma or reactive airway disease as a result of a Haemophilus Influenzae Type b (Hib) vaccination received on December 12, 2013, and Diphtheria Tetanus (DT) vaccinations received on August 8, 2013, and July 24, 2014. The respondent was the Secretary of Health and Human Services.

The case involved significant procedural history, including extensions granted to the petitioner to obtain medical records, translate documents from Spanish, and secure an expert opinion, complicated by the majority of S.N.'s medical treatment occurring in Mexico. Petitioner ultimately filed a motion for judgment on the record, opting not to fund an expert report due to the costs and difficulties involved.

Respondent did not object to this course of action. Special Master Thomas L.

Gowen noted that to establish entitlement, the petitioner must demonstrate either a Table Injury or actual causation. The medical records, even with translations, were deemed insufficient to demonstrate actual causation, as they did not explain a medical theory, a logical sequence of cause and effect, or a medically acceptable temporal relationship between the vaccinations and the respiratory issues.

A single medical article submitted by the petitioner suggested only a weak, possibly random, association between the Hib vaccine and asthma, and no association with the DT vaccine. Consequently, the Special Master dismissed the claim for insufficient proof.

The public decision does not describe the specific onset of symptoms, diagnostic tests performed, treatments received beyond general descriptions of respiratory issues, or the names of any medical experts consulted by the petitioner or respondent. The petitioner was represented by John McHugh of the Law Office of John McHugh, and the respondent was represented by Robert Coleman of the United States Department of Justice.