J.S. v. HHS - MMRV, other (2021)

R.S. and C.S., parents and natural guardian of their minor son J.S., filed a petition for compensation under the National Vaccine Injury Compensation Program on September 24, 2018. They alleged that J.S. suffered an adverse reaction to the MMRV and Kinrix vaccines he received on September 30, 2015.

Respondent filed a Rule 4(c) Report on April 16, 2019, stating the case was not appropriate for compensation because the alleged injury was not on the Vaccine Injury Table, and petitioners had not provided sufficient evidence of causation-in-fact to satisfy the Althen standard. Petitioners requested and received numerous extensions to file expert reports but ultimately did not file any.

On April 23, 2021, Petitioners filed a motion to dismiss their claim, stating they were unable to prove entitlement to compensation. The Special Master granted the motion, dismissing the petition with prejudice due to insufficient evidence to meet the burden of proof.