R.V. v. HHS - DTaP, death (2019)

Maria Jill and Jon-Michael Vandergriff, as administrators of the estate of their son R.V., filed a petition for compensation under the National Vaccine Injury Compensation Program on April 8, 2019. They alleged that R.V. suffered injuries that led to his death as a result of the DTaP-Hib-IPV (Pentacel) vaccination he received on March 28, 2017.

The respondent, the Secretary of Health and Human Services, filed a report on February 14, 2019, stating that the petitioners had not met their burden of proof, specifically failing to identify a vaccine-related injury that resulted in R.V.'s death. Following the respondent's report, the petitioners filed a motion to dismiss their own claim on April 5, 2019, indicating they would be unable to prove entitlement to compensation.

The Special Master noted that to receive compensation, a petitioner must prove either a Table Injury or that a vaccine actually caused the injury, supported by medical records or expert opinion. As there was insufficient evidence in the record for the petitioners to meet their burden of proof, the case was dismissed for insufficient proof by Special Master Katherine E.

Oler on May 28, 2019. The public decision does not describe the specific onset of symptoms, medical records, expert testimony, or the exact mechanism of death.

Petitioner counsel was Clifford J. Shoemaker, and respondent counsel was Ryan D.

Pyles.