Sharmora Phillips v. HHS - DTaP, death (2020)
Case summary [AI summaries can sometimes make mistakes]
Sharmora Phillips, as Executor of the Estate of P.N.H., a deceased minor, filed a petition on January 3, 2018, alleging that her child suffered death as a result of the DTaP, Polio, Hep A, HIB, pneumococcal conjugate, and rotavirus vaccinations received on May 19, 2016. The respondent, the Secretary of Health and Human Services, contested entitlement.
The petitioner initially relied on a theory of causation presented in a prior Federal Circuit case, which was supported by expert reports from Dr. Douglas Miller.
However, this theory had been dismissed in another case as not meeting the statutory burden of proof. Following a status conference where this issue was raised, the petitioner was unable to locate another expert to support an alternative theory.
On April 14, 2020, Ms. Phillips moved for a dismissal of her case, stating she could not provide sufficient evidence to establish entitlement.
The court construed this as a motion for involuntary dismissal. The decision noted that the petitioner conceded the case was not compensable.
Special Master Christian J. Moran found that the petitioner had not established that the vaccines caused P.N.H.'s death and granted the motion to dismiss for insufficient proof.
The case was dismissed on May 12, 2020. The public decision does not describe the specific onset of symptoms, medical records, diagnostic tests, or treatments.
Petitioner counsel was Jessica A. Wallace of Siri & Glimstad, LLP, and respondent counsel was Robert P.
Coleman, III of the United States Department of Justice.
Theory of causation
Petitioner Sharmora Phillips, as Executor of the Estate of P.N.H., filed a petition alleging death following DTaP, Polio, Hep A, HIB, pneumococcal conjugate, and rotavirus vaccinations on May 19, 2016. The petitioner initially relied on a theory of causation identical to that in Boatman v. Sec’y of Health & Human Servs., 941 F.3d 1351 (Fed. Cir. 2019), supported by Dr. Douglas Miller's reports. This theory was previously dismissed as not meeting the statutory burden of proof. Petitioner was unable to find another expert for an alternative theory and moved for dismissal on April 14, 2020, conceding the case was not compensable. Special Master Christian J. Moran granted the motion for involuntary dismissal on May 12, 2020, finding insufficient proof that the vaccines caused P.N.H.'s death. The theory was considered off-Table, and the petitioner conceded inability to prove causation. No award was made. Petitioner counsel was Jessica A. Wallace; respondent counsel was Robert P. Coleman, III.
Source PDFs
USCOURTS-cofc-1_18-vv-00015