L.A. v. HHS - DTaP, sudden unexplained infant death syndrome (SUIDS, also referred to as SIDS) (2020)
Case summary [AI summaries can sometimes make mistakes]
On November 4, 2016, Lance and Alyson Antolick, on behalf of their minor child L.A., filed a petition in the National Vaccine Injury Compensation Program. They alleged that L.A. suffered injuries as a result of the diphtheria-tetanus-acellular pertussis (DTaP), inactivated polio virus (IPV), and haemophilus influenzae type B (Hib) vaccine received on November 4, 2013.
The petition was initially filed on November 4, 2016, and amended on January 16, 2017. The alleged injury was sudden unexplained infant death syndrome (SUIDS), also referred to as SIDS.
However, the public decision notes that L.A. did not pass away. On March 3, 2020, the petitioners filed a motion to dismiss their petition, citing the Federal Circuit's decision in Boatmon v.
Sec'y of Health & Human Servs. The petitioners argued that the theory presented in Boatmon was no longer viable and that proceeding further would be unreasonable and a waste of resources.
They understood that a dismissal would result in a judgment against them, ending their rights in the Vaccine Program, but intended to preserve their right to file a civil action in the future. To receive compensation, petitioners must prove either a "Table Injury" or that the vaccine was the cause-in-fact of the injury.
The Special Master noted that the record did not contain persuasive evidence of a Table Injury or that the alleged injury was vaccine-caused or vaccine-related. Furthermore, the Vaccine Act requires supporting medical records or the opinion of a competent medical expert, which were deemed insufficient in this case, especially in light of the Boatmon decision.
Consequently, Special Master Thomas L. Gowen granted the petitioners' motion and dismissed the matter for insufficient proof.
The Clerk of the Court was directed to enter judgment accordingly. Petitioners were represented by Andrew D.
Downing of Van Cott & Talamante, PLLC, and the respondent was represented by Robert P. Coleman of the United States Department of Justice.
Theory of causation
Petitioners Lance and Alyson Antolick, on behalf of minor L.A., alleged injury resulting from DTaP, IPV, and Hib vaccine received on November 4, 2013, with the alleged condition being sudden unexplained infant death syndrome (SUIDS). The public decision states L.A. did not pass away. Petitioners filed a motion to dismiss their petition on March 3, 2020, in light of the Federal Circuit's decision in Boatmon v. Sec'y of Health & Human Servs., arguing the theory presented in Boatmon was no longer viable. To receive compensation, petitioners must prove either a Table Injury or that the vaccine was the cause-in-fact of the injury. The record lacked persuasive evidence of a Table Injury or that the alleged injury was vaccine-caused. Medical records and expert opinions were deemed insufficient to establish entitlement, particularly after the Boatmon decision. Special Master Thomas L. Gowen granted the motion to dismiss for insufficient proof. Petitioners were represented by Andrew D. Downing, and respondent by Robert P. Coleman.
Source PDFs
USCOURTS-cofc-1_16-vv-01460