L.T. v. HHS - DTaP, hypotonic failure to thrive and developmental delay (2021)

Angela Tavolacci, parent of L.T., a minor, filed a petition on September 25, 2017, under the National Vaccine Injury Compensation Program. The petition alleged that a diphtheria-tetanus-acellular-pertussis (DTaP) vaccine administered on October 9, 2015, caused L.T. to suffer hypotonic failure to thrive and developmental delay.

The petitioner was represented by Renee J. Gentry of the Vaccine Injury Clinic, George Washington University Law School.

The respondent was the Secretary of Health and Human Services, represented by Colleen Clemons Hartley of the United States Department of Justice. On September 7, 2021, the petitioner moved for a decision dismissing the case.

The petitioner stated that an investigation of the facts and science demonstrated an inability to prove entitlement to compensation under the program, and that proceeding further would be unreasonable and a waste of resources. The petitioner understood that this decision would result in a judgment against her and that she would preserve her right to file a civil action.

Special Master Nora Beth Dorsey reviewed the record and the petitioner's motion. The Special Master found that L.T. did not meet the statutory requirements for entitlement to compensation under the National Vaccine Injury Compensation Program, as explained in Black v.

Sec'y of Health & Human Servs., 93 F.3d 781 (Fed. Cir. 1996).

Consequently, the case was dismissed, and judgment was entered against the petitioner. The decision was issued on September 9, 2021, and posted on October 5, 2021.