E.H. v. HHS - Tdap, encephalopathy (2020)

Shelley Haynes filed a claim on May 2, 2019, on behalf of her minor child, E.H., alleging that E.H. suffered encephalopathy resulting from a Tdap vaccination received on November 9, 2016. The respondent, the Secretary of Health and Human Services, filed a report on January 16, 2020, recommending against compensation.

On October 6, 2020, the petitioner filed a Motion for a Decision Dismissing the Petition. In the motion, the petitioner stated that an investigation by experts had demonstrated an inability to prove entitlement to compensation and that further proceedings would be unreasonable and a waste of resources for the court, the respondent, and the Vaccine Program.

The petitioner acknowledged that a dismissal would result in a judgment against her and would end her rights in the Vaccine Program, but noted she could apply for costs incurred after judgment was entered. The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine actually caused the injury.

Proving actual causation requires demonstrating a medical theory connecting the vaccination and the injury, a logical sequence of cause and effect, and a proximate temporal relationship. The decision stated that E.H.'s medical records did not support the allegations by a preponderance of the evidence, and no medical opinion from an expert was filed in support of the allegations.

Therefore, Special Master Daniel T. Horner granted the petitioner's motion and dismissed the petition for failure to establish a prima facie case of entitlement to compensation.

The clerk of the court was directed to enter judgment in accordance with this decision.