I.R. v. HHS - MMR, Pediatric Autoimmune Neuropsychiatric Disorder (PANS) and/or Tourette syndrome (2022)

On June 29, 2020, Cheree and Jason Roach, on behalf of their minor son I.R., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. They alleged that the measles, mumps, and rubella (MMR) vaccine I.R. received on March 5, 2019, caused him to develop Pediatric Autoimmune Neuropsychiatric Disorder (PANS) and/or Tourette syndrome.

The respondent, the Secretary of Health and Human Services, filed a report on May 14, 2021, arguing that the petition should be dismissed for insufficient proof, absent further reliable medical evidence linking I.R.'s alleged injuries to the MMR vaccination. After the case was reassigned back to Chief Special Master Brian H.

Corcoran, he held a status conference on September 27, 2021, and expressed concerns about the claim's viability. He ordered the Petitioners to show cause by January 14, 2022, why their petition should not be dismissed.

The Petitioners failed to respond by the deadline. Following an inquiry from the court, the Petitioners did not respond, leading the Special Master to order them to immediately file their overdue brief or risk dismissal.

On January 27, 2022, the Petitioners filed a motion requesting a decision dismissing their claim. They maintained that the MMR vaccine caused I.R.'s PANS and/or Tourette syndrome but stated they were unlikely to meet the burden of proof required in the Vaccine Program.

The Petitioners acknowledged that a dismissal would result in a judgment against them, ending their rights in the Vaccine Program, and expressed their intent to reject the judgment to preserve their right to file a civil action in the future. The public decision does not describe the onset of symptoms, specific medical records submitted, expert testimony, or the mechanism of causation.

Chief Special Master Corcoran granted the motion, dismissing the petition with prejudice. He noted that under the Vaccine Act, a petitioner must support their claims with medical records or a physician's opinion, and in this case, there was insufficient evidence for the Petitioners to meet their burden of proof.

No compensation was awarded. The decision was issued by Chief Special Master Brian H.

Corcoran on January 31, 2022. Petitioners' counsel was Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent's counsel was Matthew Murphy of the U.S.

Dep’t of Justice.