E.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]

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

The respondent was the Secretary of Health and Human Services. The Special Master noted that the petition may not have been timely filed, as it was submitted approximately 14 days after the three-year statute of limitations, which is calculated from the date of vaccination in the absence of clear onset evidence.

The public decision does not describe the onset of E.A.'s alleged injuries or provide specific medical records or a competent physician's opinion to support the claim that E.A. suffered a "Table Injury" or that the alleged injuries were actually caused by the vaccination. Petitioners later filed a request for withdrawal and censorship, which was interpreted by the Special Master as a motion for a dismissal decision.

Due to insufficient proof and the potential untimeliness of the filing, Special Master Mindy Michaels Roth dismissed the case. The Special Master's decision was issued on December 20, 2019.

The public decision does not mention petitioner counsel or respondent counsel by name, nor does it detail any award amount or annuity terms.

Theory of causation

Petitioners S.A. and H.A., on behalf of minor E.A., alleged 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 Special Master Mindy Michaels Roth noted the petition may have been untimely filed, approximately 14 days beyond the three-year statute of limitations from the vaccination date, as the onset of injuries was unclear. The public text does not describe a specific theory of causation, expert testimony, or a mechanism of injury. Petitioners failed to provide sufficient medical records or a competent physician's opinion to demonstrate either a "Table Injury" or that the alleged injuries were actually caused by the vaccination. The case was dismissed for insufficient proof and failure to file within the statutory timeframe. The decision date was December 20, 2019. The public text does not name petitioner counsel or respondent counsel.

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