C.H. v. HHS - Prevnar 13, severe adverse reaction and subsequent death (2020)

On October 7, 2016, Sarah Gantar and George Holloman, on behalf of their deceased child C.H., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that C.H. suffered a severe adverse reaction and subsequent death following the Prevnar 13 vaccine administered on March 9, 2016.

The petitioners were represented by Andrew D. Downing of Van Cott & Talamante, PLLC.

The respondent was represented by Linda S. Renzi of the U.S.

Department of Justice. On August 29, 2020, the petitioners filed an unopposed motion to dismiss the petition, later amended on September 11, 2020.

In their motion, the petitioners conceded that, in light of the Federal Circuit's decision in Boatmon v. Secretary of Health & Human Services, they would likely be unable to meet their burden of proof to establish entitlement to compensation.

They further stated that proceeding would be unreasonable and would waste the resources of the Court and the Vaccine Program. The respondent had no objection to the dismissal.

Special Master Herbrina Sanders noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine. The public decision states that an examination of the record did not uncover evidence that C.H. suffered a "Table Injury." Furthermore, the record did not contain persuasive evidence that C.H.'s alleged injury was caused by the Prevnar 13 vaccine.

The Special Master also pointed out that awards cannot be based solely on claims alone and must be supported by medical records or a physician's opinion. As the record lacked sufficient proof, Special Master Sanders dismissed the case for insufficient proof.

The Clerk was ordered to enter judgment accordingly.