Kesha Joseph v. HHS - Rotavirus, intussusception (2020)

On September 21, 2018, Kesha Joseph, as administrator of the estate of M.J.H., filed a petition in the National Vaccine Injury Compensation Program. The petition alleged that the rotavirus vaccine administered to M.J.H. on October 4, 2016, was the cause-in-fact of adverse effects resulting in the minor's death.

The petitioner was represented by Ronald T. Lawrence, II.

The respondent was represented by Catherine E. Stolar.

On July 31, 2020, the petitioner filed a motion for a decision dismissing the petition, stating that an investigation of the facts and science supporting their case demonstrated an inability to prove entitlement to compensation. The petitioner noted that proceeding further would be unreasonable and would waste the resources of the Court, the Respondent, and the Vaccine Program.

The petitioner understood that a dismissal would result in a judgment against them and that their attorney could apply for fees and costs. To receive compensation, petitioners must prove either a Table Injury or that the vaccine was the cause-in-fact of the injury.

Proving causation in fact requires demonstrating, by a preponderance of the evidence, a medical theory connecting the vaccination and the injury, a logical sequence of cause and effect, and a proximate temporal relationship between the vaccination and the injury. The public decision notes that compensation cannot be awarded based on claims alone but must be supported by medical records or the opinion of a competent medical expert.

In this case, the medical records were deemed insufficient to establish entitlement, and the petitioner's experts had not presented opinions supporting vaccine causation. Consequently, Special Master Thomas L.

Gowen granted the petitioner's motion to dismiss, and the matter was dismissed for insufficient proof. The decision was issued on July 31, 2020.