Amy Carter v. HHS - DTaP, Mental Developmental Delay, Mixed receptive-expressive language disorder, and Gross Motor Delay (2018)

Amy Carter, as parent and next friend of A.C., a minor, filed a petition on July 20, 2016, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.C. suffered a reaction diagnosed as Mental Developmental Delay, Mixed receptive-expressive language disorder, and Gross Motor Delay as a result of DTaP and Hib vaccinations administered on July 22, 2013.

After filing medical records and a statement of completion, the Respondent filed a report contesting entitlement. Petitioner was given deadlines to file an expert report, and following a status conference, Petitioner filed a motion to dismiss her claim.

Petitioner stated that after working with expert physicians and evaluating recent medical records, it was evident that she would be unable to prove entitlement to compensation. The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, and that the petition must be supported by medical records or expert opinion.

In this case, there was insufficient evidence in the record for the Petitioner to meet her burden of proof. Therefore, the case was dismissed for insufficient proof.

The Clerk was ordered to enter judgment accordingly. Petitioner's counsel was Howard Scott Gold.

Respondent's counsel was Voris Edward Johnson. Special Master Katherine E.

Oler issued the decision.