Sharmora Phillips v. HHS - DTaP, death (2020)

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 April 15, 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.