A.A. v. HHS - Hepatitis B, immune dysfunction, reactive airway disease, and asthma (2019)

Filed 2019-04-22Decided 2019-12-20Vaccine Hepatitis B
dismissed

Case summary [AI summaries can sometimes make mistakes]

On April 22, 2019, S.A. and H.A., parents of A.A., filed a petition for vaccine compensation on behalf of their minor child, A.A. They alleged that the hepatitis B, Prevnar 13, RotaTeq, DTaP, IPV, and Hib vaccines administered to A.A. on April 8, 2016, caused immune dysfunction, reactive airway disease, and asthma.

The petition was filed approximately 14 days after the three-year statute of limitations deadline, which is calculated from the date of vaccination as the onset of injury was unclear. The Special Master noted that to receive compensation, petitioners must prove either a "Table Injury" or that the injury was actually caused by a vaccine.

The public decision does not describe the specific symptoms, medical records, or physician's opinions presented. The Special Master found that the petition may not have been timely filed.

Furthermore, the record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injuries were vaccine-caused. The public decision also states that the petition was not supported by sufficient medical records or a competent physician's opinion.

On September 9, 2019, petitioners filed a request for withdrawal and censorship, which was interpreted as a motion for a dismissal decision. The case was dismissed for insufficient proof and failure to file within the statutory timeframe.

The Special Master Mindy Michaels Roth issued the decision on December 20, 2019. The public decision does not name petitioner counsel or respondent counsel.

Theory of causation

Petitioners S.A. and H.A. filed a petition on behalf of minor A.A. on April 22, 2019, alleging that the hepatitis B, Prevnar 13, RotaTeq, DTaP, IPV, and Hib vaccines administered on April 8, 2016, caused immune dysfunction, reactive airway disease, and asthma. The petition was filed approximately 14 days after the three-year statute of limitations, calculated from the vaccination date due to unclear injury onset. Special Master Mindy Michaels Roth dismissed the case on December 20, 2019, finding that petitioners failed to demonstrate a "Table Injury" or that the alleged injuries were actually caused by the vaccination. The record lacked sufficient medical records or a competent physician's opinion to support the claim. The dismissal was based on insufficient proof and failure to file within the statutory timeframe. The public decision does not detail the specific mechanism of injury, expert testimony, or award breakdown.

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