H.H.W. v. HHS - DTaP, death (2020)

Jessica Woodbeck and Michael Bias, as legal representatives of H.H.W., an infant who died, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 3, 2018. They alleged that H.H.W. died as a result of the DTaP, Hep B, IPV, Hib, pneumococcal conjugate, and/or Rotavirus vaccinations received on April 7, 2016.

The Respondent filed a report contesting entitlement and requesting dismissal. The case was stayed pending the outcome of the Boatmon appeal.

After the stay was lifted, Petitioners sought to communicate with the medical examiner's office to determine if tissue samples were retained from the autopsy. Upon learning that no tissue samples remained, Petitioners decided to dismiss their case, stating they would be unable to prove entitlement to compensation.

Special Master Katherine E. Oler noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccine actually caused the injury, supported by medical records or expert opinion.

As there was insufficient evidence in the record, the case was dismissed for insufficient proof. The Clerk was ordered to enter judgment accordingly.