V.C.S. v. HHS - Influenza, death (2020)
Case summary [AI summaries can sometimes make mistakes]
On September 24, 2019, Denise Wunderler and Michael Savino, parents of V.C.S., filed a petition alleging that an influenza vaccine administered on September 25, 2017, caused V.C.S.'s death on November 12, 2017. The respondent, the Secretary of Health and Human Services, moved to dismiss the case.
Petitioners filed medical records and a statement of completion on September 26, 2019. The respondent stated on December 6, 2019, that he was not amenable to settlement and would defend against the claim.
On February 3, 2020, the respondent filed a report stating that petitioners failed to establish a medically appropriate temporal association between the vaccination and V.C.S.'s death and had not put forth a medical theory that the flu vaccine can cause sudden unexplained death. During a status conference on March 2, 2020, Special Master Thomas L.
Gowen explained the difficulty petitioners would face in proving causation-in-fact under the three Althen prongs. Petitioners indicated they were seeking alternative counsel and were given until May 11, 2020, to file a motion to substitute counsel or dismiss the petition.
On May 7, 2020, petitioners stated they were unable to retain substitute counsel and did not consent to their attorney of record filing a voluntary dismissal. During a second status conference on June 1, 2020, Special Master Gowen reiterated that without evidence of vaccine causation, as they were not claiming a Table injury, there was insufficient evidence for a favorable decision.
Petitioners stated they did not intend to file additional evidence or an expert report and would not file a motion to dismiss. The Special Master ordered the respondent to file a motion to dismiss.
On June 30, 2020, the respondent filed a motion to dismiss, citing the reasons in his February 3, 2020 report. The Special Master granted the motion, dismissing the petition for failure to prosecute and insufficient proof.
The decision was issued on July 29, 2020. Petitioner counsel was Carol L.
Gallagher. Respondent counsel was Emilie Williams.
Special Master was Thomas L. Gowen.
Theory of causation
Petitioners alleged that an influenza vaccine administered on September 25, 2017, caused the death of V.C.S. on November 12, 2017. Petitioners did not allege a Table injury and were required to prove causation-in-fact under the Althen standard, which requires establishing a medical theory, a logical sequence of cause and effect, and a medically acceptable temporal relationship. Petitioners filed medical records, including an autopsy report, but did not provide evidence to support a medical theory connecting the flu vaccine to V.C.S.'s death. Petitioners stated they would not file an expert report. The Special Master found insufficient proof and dismissed the case. The decision date was July 29, 2020. Petitioners were represented by Carol L. Gallagher, and respondent was represented by Emilie Williams. Special Master Thomas L. Gowen issued the decision. The theory of causation was off-Table.
Source PDFs
USCOURTS-cofc-1_19-vv-01468