Dana Bertucci v. HHS - MMRV, primary disseminated herpes zoster infection (2026)
Case summary [AI summaries can sometimes make mistakes]
On March 4, 2022, Dana Bertucci filed a petition on behalf of her son, D.A., alleging that an MMRV vaccination administered on March 7, 2019 caused primary disseminated herpes zoster infection. D.A. was four years old at vaccination.
The public decision focused on the Vaccine Act's severity requirement rather than resolving vaccine causation. Respondent's Rule 4(c) report raised the objection that the record did not show residual effects or complications lasting more than six months.
The decision notes that D.A. had a rash/infection history and that the family also reported viral illness, but the decisive issue was whether the statutory duration requirement had been met. On March 23, 2026, Chief Special Master Brian H.
Corcoran dismissed the claim for insufficient evidence. No vaccine-injury compensation was awarded.
Theory of causation
MMRV vaccine on March 7, 2019, at age 4, allegedly causing primary disseminated herpes zoster infection; DISMISSED/DENIED. Respondent raised six-month severity objection in Rule 4(c) report. Chief SM Brian H. Corcoran dismissed for insufficient evidence of the required residual effects/complications. Petition filed March 4, 2022; decision March 23, 2026. No award.
Source PDFs
USCOURTS-cofc-1_22-vv-00250