D.A.N.B. v. HHS - MMR, torticollis, global development delay, and autism spectrum disorder (ASD) (2020)
Case summary [AI summaries can sometimes make mistakes]
On July 8, 2019, E.C.N. filed a petition on behalf of her minor son, D.A.N.B., seeking compensation under the National Vaccine Injury Compensation Program. D.A.N.B. was born on September 18, 2014.
Petitioner alleged that a series of vaccinations administered between December 2, 2014, and January 27, 2018, caused a toxin-induced encephalopathy manifesting as torticollis, global developmental delay, and autism spectrum disorder (ASD). The respondent was the Secretary of Health and Human Services.
Petitioner represented herself, and Heather Pearlman of the U.S. Department of Justice represented the respondent.
Chief Special Master Brian H. Corcoran issued a decision dismissing the case on February 10, 2020.
The decision was reissued for publication on May 19, 2020. The medical records indicated that D.A.N.B. received several vaccinations in his first six months without reported adverse effects.
On April 16, 2015, approximately one week after his six-month well-baby visit, Petitioner emailed pediatrician Dr. Saemae Erfani, reporting that D.A.N.B.'s head tilted toward his left shoulder and his left eye pointed inward.
Dr. Erfani diagnosed torticollis and congenital pseudostrabismus on April 23, 2015, and referred D.A.N.B. for ophthalmology and physical/occupational therapy.
Subsequent records noted speech delay and continued head tilt in March 2016. On July 26, 2016, Dr.
Nidia Alduncin diagnosed D.A.N.B. with ASD-Global Developmental Delay, based on a multidisciplinary diagnostic autism clinic summary report. The petition was filed on July 8, 2019.
Chief Special Master Corcoran found the petition untimely, determining that the first objectively cognizable symptoms occurred no later than March 2016, which was more than three years before the filing date. Even using the formal ASD diagnosis on June 23, 2016, as the most generous onset date, the filing would still be untimely.
The Special Master also found the claim unsupported on the merits, noting that fewer than forty pages of medical records were filed, no treating physician linked the condition to vaccination, and the submitted literature repeated vaccine-autism theories previously rejected in other Program cases. No compensation was awarded, and the case was dismissed.
Theory of causation
Petitioner alleged that a series of childhood vaccines administered between December 2, 2014, and January 27, 2018, caused a toxin-induced encephalopathy manifesting as torticollis, global developmental delay, and autism spectrum disorder (ASD) in D.A.N.B., who was born on September 18, 2014. Chief Special Master Brian H. Corcoran dismissed the case on February 10, 2020, finding it untimely because the first symptoms, including torticollis noted on April 16, 2015, and developmental delay/speech issues noted by March 29, 2016, predated the July 8, 2019 filing by more than three years, even when considering the ASD diagnosis on June 23, 2016, as the latest possible onset. The claim was also dismissed as unsupported on the merits due to sparse medical records (less than forty pages), lack of treating physician opinions linking the alleged injuries to vaccination, and the submission of literature containing previously rejected vaccine-autism theories. No award was made. Petitioner was pro se, and the respondent was represented by Heather Pearlman. The decision was issued by Chief Special Master Brian H. Corcoran.
Source PDFs
USCOURTS-cofc-1_19-vv-00976