{"package_id":"USCOURTS-cofc-1_17-vv-00700","decision_granule_id":"USCOURTS-cofc-1_17-vv-00700-0","petitioner_identifier":"X.E.","is_minor":1,"age_at_vaccination":null,"age_unit_raw":"minor (exact age not stated in public dismissal decision)","vaccine_type":"rotavirus","vaccination_date":"2015-05-15","condition_raw":"intussusception or, in the alternative, “some form of neurological syndrome or physical injury,” and lead to his eventual death","condition_category":"death","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2019-06-10","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:50:20.284427+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioners alleged that a rotavirus vaccination administered on May 15, 2015, to minor child X.E. caused intussusception or, alternatively, a neurological syndrome or physical injury leading to death. The petition was filed on May 26, 2017. Respondent opposed compensation, noting the absence of an intussusception diagnosis in medical records, lack of support for intussusception in the records, no treating physician connection between the vaccine and injuries/death, and no proposed medical theory of causation by petitioners. Petitioners considered a SIDS theory but filed no supportive expert report. Special Master Christian J. Moran dismissed the case on June 10, 2019, for insufficient proof, finding no \"Table Injury,\" no persuasive evidence of vaccine causation, and no competent medical opinion connecting the rotavirus vaccine to X.E.'s injuries or death. Petitioners moved for dismissal, stating they were unlikely to prove entitlement. No award was made. Attorneys: Gerald Edwin Rush, II (petitioner), Heather L. Pearlman (respondent). Special Master: Christian J. Moran.","is_death":1,"date_of_death":null,"petition_filed_date":"2017-05-26","case_summary":"On May 26, 2017, Nico Herron and Patience Turner filed a petition on behalf of their minor child, X.E., alleging that a rotavirus vaccination administered on May 15, 2015, caused X.E. to suffer intussusception or, alternatively, some form of neurological syndrome or physical injury, which ultimately led to his death. The petition was filed under the National Childhood Vaccine Injury Act. The respondent, the Secretary of Health and Human Services, opposed compensation in a Rule 4 report filed on April 5, 2018. The Secretary noted that none of X.E.'s treating physicians had diagnosed intussusception, that the available medical records did not support such a diagnosis, and that no treating physician had connected the vaccination to X.E.'s injuries or death. Furthermore, the petitioners had not proposed a medical theory of causation. During a Rule 5 status conference on April 11, 2018, the petitioners indicated they might pursue a sudden infant death syndrome (SIDS) theory, but no supportive expert report was ever filed. The Special Master informed the petitioners' counsel, who was new to the Vaccine Program, about the generally unsuccessful history of SIDS claims. The petitioners were ordered to submit outstanding medical records and other documents. After submitting some records and determining others were unavailable, the case moved towards the expert report phase, with an initial deadline of November 9, 2018, which was extended multiple times. The petitioners later advised they were seeking a stipulated dismissal. On May 21, 2019, the petitioners moved for a decision dismissing their petition, stating they were unlikely to prove entitlement to compensation. The Secretary did not file a response to this motion. Special Master Christian J. Moran issued a decision on June 10, 2019, dismissing the case for insufficient proof. The Special Master found that the record did not show a \"Table Injury\" as defined by the Vaccine Injury Table, nor did it contain persuasive evidence that X.E.'s injuries and eventual death were vaccine-caused. The decision noted that a petitioner cannot receive an award based solely on claims; the petition must be supported by medical records or a competent physician's opinion. In this case, the petitioners had not proposed a medical theory connecting the rotavirus vaccine to X.E.'s injuries or death, and X.E.'s treating physicians had not made such a connection. Consequently, the Special Master granted the motion for dismissal. No compensation was awarded. The attorneys involved were Gerald Edwin Rush, II for the petitioner and Heather L. Pearlman for the respondent. The decision was issued by Special Master Christian J. Moran.","is_minor_inferred":0,"is_pediatric_broad":1,"special_master":"Christian J. Moran","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Gerald Edwin Rush, II","petitioner_attorney_firm":"Rush Law and Consulting, APC","petitioner_attorney_location":"Los Angeles, CA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|gerald-rush|","firm_canonical_key":"rush-law-and-consulting-apc","package_title":"HERRON et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00700","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00700.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00700.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_17-vv-00700-0","title":"HERRON et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 6/10/2019) regarding 49 DECISION of Special Master. Signed by Special Master Christian J. Moran. (abs) Service on parties made.","date_issued":"2019-07-10","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-00700/granules/USCOURTS-cofc-1_17-vv-00700-0/pdf","pdf_bytes":179313,"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-00700/USCOURTS-cofc-1_17-vv-00700-0"}]}