Erica Winebrenner v. HHS - DTaP, Sudden Infant Death Syndrome (SIDS) (2020)

On March 12, 2019, Erica Winebrenner filed a petition under the National Childhood Vaccine Injury Act on behalf of her deceased minor child, S.W. S.W. was born on January 17, 2017.

On March 14, 2017, at his two-month checkup, S.W. received the Pediarix, Haemophilus influenzae type b (Hib), Prevnar, and rotavirus vaccines. The petition alleged that after returning home from vaccinations, S.W. became lethargic and refused to eat.

The following morning, he was unresponsive, and an ambulance was called. S.W. was pronounced dead at the hospital.

The emergency room physician listed the cause of death as cardiac-respiratory arrest/Sudden Infant Death Syndrome (SIDS), while the coroner listed the cause as undetermined. Respondent filed a Rule 4(c) report on July 22, 2019, recommending against compensation.

The case was reassigned to Special Master Daniel T. Horner on August 26, 2019.

On September 3, 2019, Special Master Horner ordered the petitioner to file an expert report. On December 19, 2019, the petitioner filed a motion to amend the schedule, and on January 20, 2020, filed a motion for a decision dismissing her petition.

The petitioner explained that the neuropathologist retained for the case decided not to produce an expert report following the Federal Circuit's ruling in Boatmon v. Secretary of Health & Human Services.

The expert had intended to opine that vaccination, in conjunction with a defective medullary serotonergic network, was a significant contributing factor to S.W.'s death, based on the Triple Risk Theory. However, the Federal Circuit in Boatmon held that extending the Triple Risk Theory to vaccination was unreasonable.

Despite her strong belief in the claim's merits, the petitioner determined that, in light of Boatmon, she could not meet her burden of proof. Special Master Horner dismissed the petition on January 27, 2020, finding that the record did not show a Table injury, that the medical records did not provide preponderant evidence supporting vaccine causation-in-fact, and that the petitioner had not filed an expert opinion.

No compensation was awarded. Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC.

Respondent was represented by Catherine Stolar of the U.S. Department of Justice.