M.B. v. HHS - Hepatitis A, Tourette syndrome (2025)

Moses and Brenda Ball, parents and natural guardians of M.B., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 4, 2020. They alleged that the Hepatitis A and polio vaccines M.B. received on May 5, 2017 caused M.B. to develop Tourette syndrome 13 days later.

The petition was filed as an off-Table claim, meaning it required proof of causation under the Althen prongs. The Secretary of Health and Human Services contested entitlement, arguing that the petitioners had not provided sufficient evidence to establish causation and had not submitted an expert report.

The Special Master ordered the petitioners to file their expert report by June 28, 2024. On that date, the petitioners filed a status report indicating they were unable to obtain an expert report and requested time to decide how to proceed.

After several subsequent status reports indicating continued deliberation, the Special Master issued an order to show cause by January 10, 2025. The petitioners responded by indicating they would file a motion to dismiss.

On February 28, 2025, the petitioners moved for a decision dismissing their petition, stating that an investigation of the facts and available science demonstrated they would be unable to prove entitlement to compensation. The Special Master granted the motion, dismissing the case with prejudice for insufficient proof.

No compensation was awarded. The public decision does not describe the specific symptoms, medical tests, or treatments related to M.B.'s alleged condition, nor does it name the petitioner's counsel or respondent's counsel.