M.A.M. v. HHS - DTaP, seizures and/or developmental delay (2022)

Amanda Swint-Moore and Michael Moore, as parents and next friends of their minor child M.A.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2018. They alleged that M.A.M. developed seizures and/or developmental delay as a result of receiving the DTaP, HiB, and PCV vaccines on July 30, 2015.

The petitioners stated that they sincerely believed M.A.M.'s injury was vaccine-related but acknowledged that they were unable to obtain an expert to support their claim, despite a diligent search. Recognizing that without an expert report they could not prove entitlement to compensation, they filed a motion for a voluntary dismissal on June 24, 2022.

The respondent did not object to the motion. Special Master Herbrina Sanders noted that to receive compensation, petitioners must prove either a "Table Injury" or that the injury was actually caused by a vaccine.

The record did not contain evidence of a "Table Injury," nor did it contain persuasive evidence that M.A.M.'s alleged injuries were caused-in-fact by the vaccinations. The Special Master further stated that under the Act, petitions cannot be based solely on claims alone but must be supported by medical records or the opinion of a competent physician.

In this case, the medical records were insufficient to prove the claim by preponderant evidence, and no supportive opinion on causation from an expert witness had been filed. Consequently, the case was dismissed for insufficient proof.

The Clerk was ordered to enter judgment accordingly.