VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00547 Package ID: USCOURTS-cofc-1_20-vv-00547 Petitioner: M.B. Filed: 2020-05-04 Decided: 2025-03-25 Vaccine: Hepatitis A Vaccination date: 2017-05-05 Condition: Tourette syndrome Outcome: dismissed Award amount USD: AI-assisted case summary: 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. Theory of causation field: Petitioners Moses and Brenda Ball alleged that the Hepatitis A and polio vaccines administered on May 5, 2017, caused their minor child, M.B., to develop Tourette syndrome 13 days later. This was an off-Table claim, requiring proof of causation under the Althen prongs. The Secretary contested entitlement, noting the absence of an expert report and insufficient medical evidence to establish causation. Petitioners were unable to obtain an expert report and subsequently moved to dismiss their own case, stating they could not prove entitlement. Special Master Christian J. Moran granted the motion, dismissing the case with prejudice for insufficient proof. The public decision does not detail a specific medical theory of causation, nor does it name any experts or provide a breakdown of any award, as the case was dismissed prior to an award. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00547-0 Date issued/filed: 2025-03-25 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 03/03/2025) regarding 105 DECISION of Special Master. Signed by Special Master Christian J. Moran. (jjb) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00547-UNJ Document 106 Filed 03/25/25 Page 1 of 3 * * * * * * * * * * * * * * * * * * * * * * * * * MOSES BALL and BRENDA BALL, * No. 20-547V Parents and Natural Guardians of * M.B., a minor, * * Petitioners, * Special Master Christian J. Moran * v. * * Filed: March 3, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Robert Joel Krakow, Law office of Robert J. Krakow, P.C., New York, NY, for petitioner; Camille Michelle Collett, United States Dep’t of Justice, Washington, DC, for respondent. UNPUBLISHED DECISION DENYING COMPENSATION1 Moses and Brenda Ball (“petitioners”) alleged that the Hepatitis A vaccine and polio vaccine their child M.B. received on May 5, 2017 caused M.B. to suffer from Tourette syndrome. On February 28, 2025, petitioners moved for a decision dismissing their petition. 1 Because this decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims’ website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Case 1:20-vv-00547-UNJ Document 106 Filed 03/25/25 Page 2 of 3 I. Procedural History Petitioners filed a petition for compensation on May 4, 2020, alleging that the Hepatitis A vaccine and polio vaccine their child M.B. received on May 5, 2017 caused M.B. to suffer from Tourette syndrome 13 days later. Pet. at 2; Am. Pet. at 2. They filed medical records and affidavits over the next few months. The Secretary filed his Rule 4(c) report on January 17, 2024, contesting entitlement. The Secretary argued that petitioners had not provided preponderant evidence satisfying causation of the Althen prongs between M.B.’s condition and any of the vaccines. Resp’t’s Rep. at 12. Further, the Secretary noted that petitioners had not submitted an expert report in support of their claim, nor other reliable medical evidence from M.B.’s medical records supporting causation sufficient to meet their burden of proof. Id. The undersigned issued an order for petitioners to file their expert report by June 28, 2024. On June 28, 2024, petitioners filed a status report advising that petitioners were unable to obtain an expert report and requested 30 days to decide how to proceed. After submitting four additional status reports advising that petitioners were still deciding how to proceed, the undersigned issued an order to show cause to be submitted by January 10, 2025. Petitioners responded to the order to show cause with a status report indicating that they would proceed by filing a motion to dismiss. Pet’rs’ Status Rep., filed Jan. 13, 2025. II. Analysis To receive compensation under the National Vaccine Injury Compensation Program (“Program”), a petitioner must prove either 1) that the vaccinee suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table— corresponding to one of the vaccinations, or 2) that the vaccinee suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa- 11(c)(1). Under the Act, a petitioner may not be given a Program award based solely on the petitioner’s claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. § 300aa- 13(a)(1). In this case, petitioners filed medical records and an affidavit. Nonetheless, petitioners wish to have their claim dismissed and judgment entered against them. 2 Case 1:20-vv-00547-UNJ Document 106 Filed 03/25/25 Page 3 of 3 Petitioners filed their dismissal pursuant to 42 U.S.C. § 300aa-21(a)(2). Pet’rs’ Mot., filed Feb. 28, 2025 at 2. To conform to section 12(d)(3), a decision must “include findings of fact and conclusions of law.” For causation-in-fact cases, the Federal Circuit has defined elements of a petitioner’s claim. Petitioners bear a burden to show by a preponderance of the evidence that the vaccination brought about their injury by providing: (1) a medical theory causally connecting the vaccination and the injury; (2) a logical sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a showing of a proximate temporal relationship between vaccination and injury. Althen v. Sec’y of Health & Hum. Servs., 418 F.3d 1274, 1278 (Fed. Cir. 2005). Petitioners did not propose a medical theory casually connecting the vaccinations with the injury. Petitioners stated that they could not produce a report from a medical expert and after an “investigation of the facts and available science supporting the petitioners’ case has demonstrated to petitioners that they will be unable to prove that they are entitled to compensation under the Vaccine Injury Compensation Program.” Pet’rs’ Mot., filed Jan. 30, 2025 at 1. Petitioners have therefore not met their burden under Althen. Thus, the Motion for Decision is GRANTED and this case is DISMISSED WITH PREJUDICE for insufficient proof. The Clerk shall enter judgment accordingly. See Vaccine Rule 21(b). IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 3