H.G. v. HHS - DTaP, autism spectrum disorder (2019)

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.