Jonathan Zins v. HHS - Influenza, in utero injuries resulting in stillbirth (2019)

Sarah and Leib Zins filed a petition on December 17, 2018, on behalf of their unborn child, Jonathan Zins, alleging that an influenza vaccine administered to Sarah Zins on December 12, 2016, caused in utero injuries resulting in Jonathan's stillbirth. The petitioners intended to file two separate petitions: one for Sarah Zins for her own alleged injuries and another for Jonathan Zins for his death.

Respondent moved to dismiss Jonathan Zins' petition, asserting that the National Childhood Vaccine Injury Act does not provide a cause of action for children who were not born alive. The Special Master agreed with the respondent, citing the statutory definition of "child" as an individual "born alive." As Jonathan Zins was stillborn, his claim was dismissed for lack of jurisdiction.

The Special Master noted that Sarah Zins could pursue her own claim for injuries she suffered as a result of the vaccination and instructed the Clerk of the Court to docket a separate petition for her. This decision specifically addresses the dismissal of Jonathan Zins' petition.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The Special Master was Christian J.

Moran. The attorneys involved are not named in the public text.