P.C.M. v. HHS - MMR, encephalitis and/or encephalopathy, developmental regression, developmental delay (2018)

Suzanne and Timothy McAndrews, parents and natural guardians of P.C.M., a minor, filed a petition on April 7, 2017, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that their son, P.C.M., developed encephalitis and/or encephalopathy, developmental regression, and developmental delay after receiving the Measles, Mumps, Rubella (MMR) vaccine on April 7, 2014.

The petition alleged a "Table Injury" and was assigned to the Special Processing Unit for expedited resolution. Petitioners filed initial medical records on April 12, 2017, and subsequently filed multiple motions for extensions of time to provide further documentation and a statement of completion.

Despite numerous extensions, totaling almost a year, and a status conference held on January 16, 2018, during which petitioners' counsel stated he had made multiple unsuccessful attempts to reach his clients, the petitioners failed to provide sufficient proof of causation or respond to a court order to show cause why the case should not be dismissed. The Special Master noted that the filed medical records did not satisfy the causation criteria established in Althen v.

Secretary of Health & Human Services, and no treating physician attributed P.C.M.'s condition to the vaccination. Consequently, Chief Special Master Nora Beth Dorsey dismissed the case on May 8, 2018, for insufficient proof and failure to prosecute.

The public decision does not describe the onset of symptoms, specific medical tests performed, or treatments received. The attorneys involved were Robert Joel Krakow for the petitioners and Ilene Claire Albala for the respondent.

No award amount was granted as the case was dismissed.