D.R. v. HHS - Influenza, cerebellar ataxia (2021)

On August 20, 2018, Elizabeth Salazar filed a claim on behalf of her minor son, D.R., alleging that a human papillomavirus (HPV) vaccine administered on August 21, 2015, caused permanent blindness, and an influenza vaccine received on October 20, 2015, caused neurological injuries leading to a diagnosis of cerebellar ataxia. The case was initially assigned to Special Master Sanders, who encouraged the petitioner to retain counsel.

Following missed deadlines and failure to respond to Orders to Show Cause, the case was reassigned to Special Master Horner. Special Master Horner reviewed the medical records and advised the petitioner that an expert opinion would likely be necessary to prove her claim.

The respondent filed a Rule 4(c) report recommending against compensation. The petitioner was granted several extensions to file an expert report but repeatedly failed to meet deadlines.

Medical records indicated that D.R.'s condition was Spinocerebellar Ataxia Type 7 (SCA-7), a progressive genetic condition, with physicians opining it was not vaccine-related. A chiropractor suspected vaccine contribution via heavy metal toxicity, but this opinion was deemed outside her qualifications.

Despite being informed of the need for an expert opinion and being given an extended period to secure one, the petitioner failed to file any expert report. The public decision does not describe the onset or specific symptoms of D.R.'s condition, nor does it detail the specific treatments received.

The case was dismissed for failure to prosecute and insufficient proof, as the medical records did not contain preponderant evidence of a vaccine-caused injury, and no expert medical opinion was filed to support the allegations. Special Master Daniel T.

Horner issued the decision on February 16, 2021. Petitioner counsel was Elizabeth Salazar, proceeding pro se.

Respondent counsel was Althea Walker Davis.