K.A. v. HHS - DTaP, developmental delay and related injuries and a Table encephalopathy (2017)

Filed 2017-01-06Decided 2017-02-02Vaccine DTaP
dismissedcognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

Michael Anderson and Hasani Taylor, as parents and guardians of K.A., a minor, filed a petition on January 6, 2017, alleging that K.A. suffered developmental delay, related injuries, and a Table encephalopathy as a result of receiving DTaP, Hepatitis B, and Poliovirus vaccines on August 5, 2013, and Pneumococcal Conjugate and Haemophilus Influenza b vaccines on August 6, 2013. The petitioners later moved to dismiss their petition, stating that an investigation of the facts and available science demonstrated they would be unable to prove entitlement to compensation.

The decision noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccination actually caused the injury. The record did not contain sufficient medical records or a competent physician's opinion to support the claim.

Consequently, the case was dismissed for insufficient proof, and judgment was entered against the petitioners.

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