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

A.Y., by her parents and natural guardians J.Y. and S.Y., filed a petition on January 2, 2018, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that their daughter, A.Y., experienced the reactivation of a varicella virus in 2014 or 2015, which they claimed was made possible by a varicella vaccine administered in November 2007.

This case was one of three filed on behalf of A.Y. and her two siblings, who were triplets born on November 14, 2006. The petition asserted a causation-in-fact, non-Table claim, as well as a significant aggravation claim.

Medical records were filed in support of this claim. On April 14, 2021, the Petitioners filed a motion to dismiss their own petition, acknowledging that they would be unable to prove entitlement to compensation.

They also indicated an intent to reject the Vaccine Program judgment and file a civil action in the future. The Respondent did not object to the motion.

Chief Special Master Brian H. Corcoran granted the motion to dismiss with prejudice.

The Special Master found that the evidence in the record was insufficient to meet the petitioners' burden of proof and that there was insufficient reliable scientific proof to support the causation theory. The dismissal was based on the late stage of the litigation and the similarity of this case to a previously dismissed related case.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Petitioner counsel was Renee Gentry of the Vaccine Injury Litigation Clinic, George Washington University Law School.

Respondent counsel was Jennifer Reynaud of the U.S. Department of Justice.

No award amount was granted as the case was dismissed.