Jessica Sobczyk v. HHS - Pneumococcal, seizures and an encephalopathy (2019)
Case summary [AI summaries can sometimes make mistakes]
On June 26, 2018, Jessica Sobczyk filed a petition for vaccine compensation on behalf of her minor child, I.S. The petition alleged that I.S. received pneumococcal conjugate, rotavirus, diphtheria-tetanus-acellular pertussis (DTaP), haemophilus influenzae b (Hib), and inactivated poliovirus (IPV) vaccinations on July 31, 2015.
Following these vaccinations, I.S. allegedly developed seizures and an encephalopathy. The respondent is the Secretary of Health and Human Services.
Petitioner counsel was Mark Sadaka, Esq. of Mark T. Sadaka, LLC.
Respondent counsel was Julia Collison, Esq. of the U.S. Dept. of Justice.
Special Master Mindy Michaels Roth issued the decision. To be eligible for compensation, the petitioner must demonstrate that I.S. suffered a "Table Injury" or that the injury was actually caused by a vaccine.
The public decision does not describe the specific onset of symptoms, any medical records, diagnostic tests, treatments, or expert opinions presented. The record did not contain evidence that I.S. suffered a "Table Injury." Furthermore, the record did not contain persuasive evidence indicating that I.S.'s alleged injury was vaccine-caused or vaccine-related.
The petition was not supported by sufficient medical records or a competent physician's opinion. On March 15, 2019, the petitioner filed a Motion for Dismissal Decision.
Consequently, the case was dismissed for insufficient proof. The decision was issued on April 12, 2019.
Theory of causation
Petitioner Jessica Sobczyk, on behalf of minor I.S., alleged that I.S. received pneumococcal conjugate, rotavirus, DTaP, Hib, and IPV vaccines on July 31, 2015, and subsequently developed seizures and encephalopathy. The case was dismissed for insufficient proof. Petitioner failed to demonstrate a "Table Injury" or that the alleged injuries were actually caused by a vaccination. The record lacked sufficient medical records or a competent physician's opinion to support the claim. No specific medical experts were named in the public decision. The Special Master was Mindy Michaels Roth. The decision was issued on April 12, 2019. Attorneys involved were Mark Sadaka for the petitioner and Julia Collison for the respondent.
Source PDFs
USCOURTS-cofc-1_18-vv-00917