M.A. v. HHS - Hepatitis B, death (2020)

On May 31, 2018, Kerstina Alexander, on behalf of her minor child M.A., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that M.A. died due to vaccines received on February 2, 2016, March 23, 2016, and May 26, 2016.

The vaccines included Hepatitis B, Prevnar 13, Pentacel (DTaP-b), and Rotavirus. After initiating the case, the petitioner investigated the facts and science and concluded that she would be unable to prove entitlement to compensation.

Consequently, on December 2, 2020, the petitioner filed an unopposed motion to dismiss the case, stating that proceeding further would be unreasonable and would waste the resources of the court, the respondent, and the program. The respondent, the Secretary of Health and Human Services, did not object to the motion.

Special Master Herbrina Sanders noted that to receive compensation, a petitioner must prove either a Table injury corresponding to the vaccination or that the vaccine actually caused the injury. The public decision states that the record did not contain evidence of a Table injury, nor persuasive evidence that the vaccines caused M.A.'s death.

The Special Master also noted that petitions must be supported by medical records or a physician's opinion, which were insufficient in this case, and that the petitioner had not filed a supportive opinion from an expert witness. Therefore, the case was dismissed for insufficient proof.

Jonathan J. Svitak represented the petitioner, and Voris E.

Johnson represented the respondent. The decision was issued on December 15, 2020.