W.Y. v. HHS - Varicella, reactivation of a varicella virus (2021)

On January 2, 2018, J.Y. and S.Y. filed a petition on behalf of their son, W.Y., alleging that he experienced a reactivation of the varicella virus in 2014 or 2015. They claimed this reactivation was made possible by a varicella vaccine administered in November 2007.

This case was one of three similar claims filed for W.Y. and his triplet siblings. The petition asserted a non-Table, causation-in-fact claim, as well as a significant aggravation claim.

Medical records were filed in support of the claim. One of the related claims was litigated and subsequently dismissed by Special Master Brian H.

Corcoran on June 26, 2020, a decision that was not appealed to the Federal Circuit. On April 14, 2021, the Petitioners filed a motion to dismiss their own petition, acknowledging that an investigation of the facts and science had demonstrated they would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program.

The Respondent did not object to the motion. Special Master Corcoran granted the motion, dismissing the case with prejudice.

The Special Master noted that the dismissal was appropriate under RCFC 41(a)(2) and that the case was similar to a previously dismissed claim, making it unlikely that petitioners could propose an alternative basis for entitlement. The dismissal was based on insufficient evidence and scientific proof to meet the petitioners' burden of proof, as required by Section 11(c)(1)(A) of the Vaccine Act.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts. The attorneys involved were Renee Gentry for the Petitioner and Jennifer Reynaud for the Respondent.

The Special Master was Brian H. Corcoran.