D.W. v. HHS - Hepatitis A, gastrointestinal disorder, autism spectrum disorder (ASD), and sensory processing disorder (2023)

Filed 2020-11-29Decided 2023-01-03Vaccine Hepatitis A
dismissedcognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

Kim Warner, as mother and natural guardian of D.W., filed this claim on November 29, 2020, alleging that D.W. received DTP/aP and hepatitis A vaccines on February 27, 2017, which caused him to develop gastrointestinal disorder, autism spectrum disorder (ASD), and sensory processing disorder. The case was assigned to Special Master Horner on May 9, 2022.

On August 17, 2022, the Special Master issued an order to show cause why the case should not be dismissed, noting that cases involving ASD have been routinely dismissed for failing to establish causation-in-fact and that no treating physician offered a supporting medical opinion. Petitioner was ordered to provide an expert medical opinion or a written submission explaining why she believed she was entitled to compensation.

On November 15, 2022, the petitioner filed a notice of voluntary dismissal without prejudice. Accordingly, the case was dismissed without prejudice pursuant to Vaccine Rule 21(a).

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