W.J.H. v. HHS - Rotavirus, Kawasaki Disease (2018)
Case summary [AI summaries can sometimes make mistakes]
On August 29, 2017, Michele Harding, on behalf of minor W.J.H., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that W.J.H. suffered from Kawasaki Disease as a result of receiving a rotavirus vaccine on September 12, 2014.
Petitioner was represented by Jerome A. Konkel of Samster, Konkel & Safran, S.C., and Respondent was represented by Lara A.
Englund of the United States Department of Justice. After investigating the facts and science, Petitioner conceded that she would be unable to prove entitlement to compensation.
The public decision does not describe the onset of symptoms, specific clinical details of the alleged injury, diagnostic tests performed, or treatments received. The record did not contain evidence of a "Table Injury" or persuasive evidence that the rotavirus vaccine caused W.J.H.'s alleged injury.
The public decision states that medical records were insufficient to prove the claim, and no expert opinion was filed. Consequently, Petitioner submitted a Motion to Dismiss on August 16, 2018.
Special Master Herbrina Sanders granted the motion, dismissing the petition for insufficient proof. The Clerk was ordered to enter judgment accordingly.
Theory of causation
Petitioner Michele Harding, on behalf of minor W.J.H., alleged that a rotavirus vaccine administered on September 12, 2014, caused Kawasaki Disease (KD). The petition was filed on August 29, 2017. Petitioner later moved to dismiss the case, conceding an inability to prove entitlement to compensation. The Special Master's decision noted that entitlement requires proof of a "Table Injury" or actual causation by the vaccine. The record lacked evidence of a "Table Injury" and persuasive evidence of vaccine causation. Medical records were deemed insufficient, and no expert opinion was filed to support the claim. Special Master Herbrina Sanders dismissed the petition for insufficient proof on September 14, 2018. Petitioner's counsel was Jerome A. Konkel, and Respondent's counsel was Lara A. Englund.
Source PDFs
USCOURTS-cofc-1_17-vv-01164