D.S.G. v. HHS - MMR, autism spectrum disorder (2018)

On August 2, 2017, Tiffany Gaiter, on behalf of her minor son D.S.G., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that the measles-mumps-rubella (MMR) vaccine D.S.G. received on May 22, 2002, caused him to develop an autism spectrum disorder (ASD).

It further alleged that a second dose of the MMR vaccine administered in July 2014 significantly aggravated his existing developmental condition. The respondent filed a motion to dismiss, asserting that the claim based on the 2002 vaccination was time-barred and that the 2014 vaccination did not significantly aggravate D.S.G.'s ASD.

Petitioner argued that federal agencies, specifically the Centers for Disease Control (CDC), had intentionally obscured the MMR vaccine's capacity to cause autism in certain demographic groups. Special Master Brian H.

Corcoran initially dismissed the claim related to the 2002 vaccination as time-barred on April 12, 2018. Following further proceedings and a show cause order, Special Master Corcoran issued a decision on August 3, 2018, dismissing the remaining claim based on the 2014 vaccination.

The Special Master found that the petitioner had not provided sufficient evidence to establish that the vaccine significantly aggravated D.S.G.'s ASD. The decision noted that claims alleging the MMR vaccine causes autism or developmental injuries have rarely been successful, and the petitioner had not offered evidence to distinguish D.S.G.'s case from prior unsuccessful claims.

The Special Master concluded that the claim lacked a reasonable basis and was therefore dismissed. No compensation was awarded.

The petitioner, Tiffany Gaiter, represented herself. Respondent was represented by Heather Pearlman of the U.S.

Department of Justice. The decision was reissued for publication on August 3, 2018.

A subsequent motion for review was filed, and Senior Judge Marian Blank Horn issued an order on April 17, 2019.