R.G. v. HHS - MMR, gastrointestinal inflammation and other injuries resulting in failure to thrive and “other severe health consequences” (2018)

On June 4, 2018, Tracy and Kevin Gambrill, parents and natural guardians of R.G., a minor, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that the measles-mumps-rubella (MMR) and varicella vaccines R.G. received on January 24, 2014, and the diphtheria-tetanus-acellular pertussis (DTaP) vaccine administered on January 30, 2015, caused R.G. to suffer from gastrointestinal inflammation, failure to thrive, and other severe health consequences.

Following the filing of medical records and a joint statement of completion, the Respondent filed a report contesting the petitioners' right to damages. After status conferences and extensions, the Special Master ordered the petitioners to show cause why their claim should not be dismissed.

On May 31, 2018, the petitioners filed a motion to dismiss, stating they 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.

The public decision does not describe the onset of symptoms, specific medical findings, or treatments. The record did not contain evidence of a Table injury, nor did it include a medical expert's opinion or other persuasive evidence indicating the alleged injury was vaccine-caused.

The Special Master found insufficient evidence to meet the burden of proof and dismissed the case for insufficient proof. The attorneys for the petitioner were Robert Joel Krakow and for the respondent was Jay Mason All.

Special Master Brian H. Corcoran issued the decision.