{"package_id":"USCOURTS-cofc-1_17-vv-00294","decision_granule_id":"USCOURTS-cofc-1_17-vv-00294-0","petitioner_identifier":"H.S.","is_minor":1,"age_at_vaccination":1.07,"age_unit_raw":"years","vaccine_type":"MMR","vaccination_date":"2003-04-02","condition_raw":"Burkitt lymphoma","condition_category":"other","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2019-04-26","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:59:16.022889+00:00","number_of_concurrent_vaccines":1,"dose_number":1,"time_to_onset_days":1217,"theory_of_causation":"Petitioner alleged that childhood vaccinations administered between 2002 and 2005, specifically MMR, Varicella, and Hepatitis A, caused H.S.'s death from Burkitt lymphoma. Petitioner's experts, Drs. Mikovits, Ruscetti, and Darnowski, theorized that vaccine contaminants (residual human DNA, retroviruses, EBV, SV40, animal retroviruses) could cause cancer through insertional mutagenesis, DNA methylation dysregulation, or immune system alteration, suggesting H.S.'s young age at vaccination and puberty were risk factors. Respondent's expert, Dr. Chodosh, refuted these theories, stating mammalian cells have defenses against exogenous DNA incorporation and that natural mutations are the primary cause of cancer. The Special Master found petitioner failed to establish a plausible medical theory (Althen Prong One), a logical sequence of cause and effect (Althen Prong Two), or a medically acceptable timeframe (Althen Prong Three), noting concerns about petitioner's experts' qualifications and potential bias. The petition was dismissed. Attorneys involved were John F. McHugh for petitioner and Heather L. Pearlman for respondent. The decision was issued by Chief Special Master Nora Beth Dorsey on April 26, 2019.","is_death":1,"date_of_death":"2015-07-03","petition_filed_date":"2017-03-02","case_summary":"On March 2, 2017, Theresa Deisher, as Administrator of the Estate of H.S., filed a petition under the National Vaccine Injury Compensation Program. Petitioner alleged that childhood vaccinations administered to H.S. between 2002 and 2005 caused his death from Burkitt lymphoma. H.S. was born on March 28, 2001. The petition identified Measles, Mumps, Rubella (MMR), Varicella, and Hepatitis A vaccines as relevant. Petitioner's experts, Dr. Judy Mikovits and Dr. Francis Ruscetti, and Dr. Douglas Darnowski, proposed theories that vaccine contaminants, such as residual human DNA, retroviruses, Epstein-Barr Virus (EBV), SV40, or animal retroviruses, could have caused H.S.'s cancer through mechanisms including insertional mutagenesis, dysregulation of DNA methylation, or altered immune cell function. They suggested that H.S.'s young age at vaccination was a primary risk factor and that his cancer developed during puberty when his immune system was hyper-activated. Petitioner's experts also posited that dormant, insertional-mutated B cells could have been activated later, leading to Burkitt lymphoma. Respondent's expert, Dr. Lewis Chodosh, refuted these theories. He explained that mammalian cells have robust defense mechanisms against incorporating exogenous DNA and that the proposed mechanisms were not scientifically supported or applicable to H.S.'s case. Dr. Chodosh stated that genetic mutations, such as the MYC translocation found in H.S.'s cancer, occur naturally as a consequence of living and that endogenous biochemical processes are the primary contributors to genome mutation. He argued that the risk of insertional mutations from exogenous DNA is extremely low and that B cells are resistant to taking up exogenous DNA fragments. He also noted that H.S. tested negative for EBV and HIV, and that the proposed role of EBV in sporadic Burkitt lymphoma was not supported by evidence. The Special Master reviewed the evidence, including the expert reports from Dr. Mikovits, Dr. Ruscetti, Dr. Darnowski, and Dr. Chodosh. The Special Master found that petitioner failed to establish a plausible medical theory of causation (Althen Prong One), a logical sequence of cause and effect (Althen Prong Two), or a medically acceptable timeframe for causation (Althen Prong Three). The Special Master noted concerns regarding the qualifications and potential bias of petitioner's experts, Dr. Mikovits, Dr. Ruscetti, and Dr. Darnowski, as well as the petitioner, Theresa Deisher, who also holds a Ph.D. and had previously presented similar theories in other cases. Ultimately, the Special Master concluded that H.S.'s vaccinations did not cause his Burkitt lymphoma, and the petition was dismissed. The decision was issued by Chief Special Master Nora Beth Dorsey.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"Nora Beth Dorsey","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"John F. McHugh","petitioner_attorney_firm":"Law Office of John McHugh","petitioner_attorney_location":"New York, NY","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|john-mchugh|","firm_canonical_key":"law-office-of-john-mchugh","package_title":"DEISHER v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00294","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00294.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00294.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_17-vv-00294-0","title":"DEISHER v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 04/01/2019) regarding 62 DECISION of Special Master. Signed by Chief Special Master Nora Beth Dorsey. (am) Service on parties made.","date_issued":"2019-04-26","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-00294/granules/USCOURTS-cofc-1_17-vv-00294-0/pdf","pdf_bytes":406584,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_17-vv-00294/USCOURTS-cofc-1_17-vv-00294-0"},{"granule_id":"USCOURTS-cofc-1_17-vv-00294-1","title":"DEISHER v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 10/02/2019) Regarding 70 DECISION of Special Master - Fees (Signed by Special Master Nora Beth Dorsey). (cr) Service on parties made.","date_issued":"2019-10-30","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}