H.G. v. HHS - DTaP, autism spectrum disorder (2019)
Case summary [AI summaries can sometimes make mistakes]
On December 26, 2017, Danielle Gilmore, on behalf of her son H.G., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the DTaP, Hepatitis B, Hib, Inactivated Polio (IPV), pneumococcal, and influenza vaccines H.G. received on January 13, 2015, caused him to develop eczema, atopic dermatitis, and subsequently, an autism spectrum disorder (ASD).
H.G. was approximately six months old at the time of the vaccinations. Medical records indicated that H.G. had a history of normal development prior to the vaccinations, but was assessed with a rash and dry spots on his skin around the time of vaccination.
Some records suggested the onset of his skin condition predated the vaccinations. H.G. was later diagnosed with impetigo and atopic dermatitis, and by February 2016, he was considered to present with developmental and speech delay consistent with ASD, leading to a formal ASD diagnosis.
The respondent moved to dismiss, arguing that the eczema claim was not substantiated due to pre-vaccination onset and that autism claims have been widely rejected in the Vaccine Program. The petitioner argued for a multi-factorial causation theory involving vaccine components and detoxification pathways, unsupported by an expert report.
Special Master Brian H. Corcoran granted the respondent's motion to dismiss.
The decision found that the claim for eczema/atopic dermatitis was not well-supported, as the onset likely preceded vaccination, and there was no persuasive evidence linking the skin condition to vaccination. Furthermore, the court found the primary claim that vaccines caused ASD to be fundamentally flawed, noting the lack of evidence of an encephalopathic reaction and the rejection of similar autism causation theories in prior cases.
The court concluded that the petitioner failed to establish a reliable medical or scientific theory connecting the vaccines to H.G.'s ASD and dismissed the case. The decision was reissued for publication on April 2, 2019.
Theory of causation
Petitioner Danielle Gilmore alleged that the DTaP, Hepatitis B, Hib, IPV, pneumococcal, and influenza vaccines administered on January 13, 2015, to her son H.G., then approximately six months old, caused eczema, atopic dermatitis, and autism spectrum disorder (ASD). The respondent moved to dismiss, arguing the eczema onset predated vaccination and that autism claims are generally rejected. Petitioner proposed a multi-factorial causation theory involving vaccine components, mitochondrial dysfunction, and detoxification pathways, but did not file an expert report. Special Master Brian H. Corcoran dismissed the case, finding the eczema claim unsubstantiated due to likely pre-vaccination onset and lack of evidence linking it to vaccination. The ASD claim was dismissed as fundamentally flawed, citing the lack of evidence of encephalopathy and the repeated rejection of similar autism causation theories in prior Vaccine Program cases. Petitioner failed to establish a reliable medical or scientific theory connecting the vaccines to H.G.'s conditions, thus failing the first prong of the Althen test. The decision noted that Petitioner's cited literature was not filed and therefore not considered. The case was decided without a hearing. The decision date was April 2, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-02026