Rebecca DeRitis v. HHS - MMR, Periodic Fever, Aphthous Stomatitis, Pharyngitis, and Cervical Adenitis (“PFAPA”) syndrome (2018)

Filed 2017-06-10Decided 2018-01-04Vaccine MMR
dismissed

Case summary [AI summaries can sometimes make mistakes]

Rebecca DeRitis filed a petition on June 10, 2017, on behalf of her son, B.D., alleging that he developed Periodic Fever, Aphthous Stomatitis, Pharyngitis, and Cervical Adenitis (PFAPA) syndrome as a result of a Measles, Mumps, and Rubella (MMR) vaccination received on February 20, 2014. The case progressed, and on January 4, 2018, Petitioner moved for a dismissal of the petition.

Petitioner conceded that an investigation of the facts and science demonstrated she would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program. Respondent did not object to the motion.

The Special Master's decision noted that to receive compensation, Petitioner must prove either a Table Injury or that the injury was actually caused by the vaccine. The record did not contain evidence of a Table Injury, nor persuasive evidence that the MMR vaccine caused B.D.'s alleged injury.

The medical records were deemed insufficient to prove the claim, and no expert opinion was filed. Consequently, the case was dismissed for insufficient proof.

Petitioner's counsel, John F. McHugh, stated he had no intention of seeking costs or fees.

The decision was issued by Special Master Herbrina Sanders.

Theory of causation

Petitioner Rebecca DeRitis alleged that her son, B.D., developed Periodic Fever, Aphthous Stomatitis, Pharyngitis, and Cervical Adenitis (PFAPA) syndrome as a result of an MMR vaccination received on February 20, 2014. On January 4, 2018, Petitioner moved to dismiss the petition, conceding that she would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program. Respondent did not object. Special Master Herbrina Sanders noted that Petitioner failed to prove either a Table Injury or that the MMR vaccine actually caused B.D.'s alleged condition. The public decision states the medical records were insufficient to prove the claim and no expert opinion was filed. The case was dismissed for insufficient proof. Petitioner's counsel was John F. McHugh, and Respondent's counsel was Heather L. Pearlman.

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