Daniel Ramos v. HHS - DTaP, death (2020)

Daniel Ramos, as parent of his minor child A.R., deceased, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 20, 2018. The petition alleged that A.R. died as a result of Diphtheria-Tetanus-acellular Pertussis (DTaP), pneumococcal conjugate (PCV), and Haemophilus influenzae type b (Hib) vaccinations administered on February 17, 2016.

The public decision does not describe the onset of symptoms or specific clinical details surrounding the death. On November 7, 2019, the Federal Circuit ruled in a related matter that the evidence did not support a sound and reliable medical theory linking vaccines to Sudden Infant Death Syndrome (SIDS) via the Triple Risk Model.

Following this decision, on January 31, 2020, the petitioner filed a status report indicating a decision to move to conclude the case. On February 26, 2020, the petitioner formally moved for a decision dismissing his case, stating that an investigation of the facts and science demonstrated an inability to prove entitlement to compensation.

The petitioner acknowledged that a dismissal would result in a judgment against him, ending his rights under the Vaccine Act, but elected to reject the program judgment to pursue a civil action. Petitioner counsel was Renee J.

Gentry of the Vaccine Injury Clinic, George Washington University Law School. Respondent counsel was Darryl Wishard of the United States Department of Justice.

Special Master Nora Beth Dorsey reviewed the record and the petitioner's motion. The Special Master found that the petitioner did not meet the statutory requirements for entitlement to compensation, specifically referencing the threshold criteria for seeking entry into the compensation program as explained in Black v.

Sec’y of Health & Human Servs. Accordingly, the case was dismissed, and judgment was entered against the petitioner on February 27, 2020.

The public decision does not mention any award amount or annuity terms.