S.S. v. HHS - DTaP, encephalopathy (2020)

Markitta Simmons, on behalf of her minor child S.S., filed a petition on August 6, 2019, alleging that S.S. suffered encephalopathy as a result of a diphtheria-tetanus-acellular pertussis (DTaP) vaccination administered on October 20, 2017. The petitioner was represented by William B.

Hicky. The respondent was the Secretary of Health and Human Services, represented by James V.

Lopez. On May 5, 2020, the petitioner moved for a decision dismissing her case.

She stated that she was unable to secure evidence to prove entitlement to compensation and that proceeding further would be unreasonable and would waste the resources of the court, the respondent, and the vaccine program. The petitioner acknowledged that a decision dismissing the case would result in a judgment against her, ending her rights under the Vaccine Act, but she intended to preserve her right to file a civil action.

To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either that the injury is listed on the Vaccine Injury Table or that the vaccination actually caused the injury. The Special Master, Nora Beth Dorsey, reviewed the record and found that the petitioner did not meet the statutory requirements for entitlement.

Consequently, the case was dismissed. The decision was issued on June 1, 2020.