VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00428
Package ID: USCOURTS-cofc-1_22-vv-00428
Petitioner: B.J.
Filed: 2022-04-12
Decided: 2025-02-25
Vaccine: diphtheria and tetanus toxoids and aceullular pertussis adsorbed vaccine, inactivated poliovirus and haemophilus b conjugate (tetanus toxoid conjugate) vaccine, hepatitis B vaccine, pneumococcus vaccine, and/or rotavirus vaccine
Vaccination date: 2020-07-27
Condition: encephalopathy and cerebral palsy
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Kelsey and Ryan Jaranilla, on behalf of their minor daughter B.J., filed a petition on April 12, 2022, alleging that the diphtheria and tetanus toxoids and aceullular pertussis adsorbed vaccine, inactivated poliovirus and haemophilus b conjugate (tetanus toxoid conjugate) vaccine, hepatitis B vaccine, pneumococcus vaccine, and/or rotavirus vaccine administered on July 27, 2020, caused B.J. to suffer from encephalopathy and cerebral palsy. The symptoms allegedly appeared 16 days later. The Secretary of Health and Human Services contested entitlement, arguing that the petitioners had not provided sufficient evidence to establish a causal link between the vaccines and B.J.'s condition, nor had they submitted an expert report supporting their claim. The public decision does not describe the specific onset symptoms, clinical course, diagnostic tests other than Whole Genome Sequencing and RNA sequencing, or treatments for B.J. The petitioners filed medical records and affidavits. On September 23, 2024, petitioners submitted an expert report from Dr. Dmitriy Niyazov, a board-certified medical geneticist, who opined that Whole Genome Sequencing results pointed to a potential genetic diagnosis of primary coenzyme Q10 deficiency-4 (COQ10D4) and suggested that RNA testing could be invaluable in finding a rare cause of B.J.'s condition and could explain a role of the vaccines. Dr. Niyazov cited one article regarding primary coenzyme Q10 deficiency. Following an order for a status report on B.J.'s RNA sequencing, petitioners filed the results on December 20, 2024, indicating they were negative. On January 30, 2025, the petitioners moved to dismiss their own petition, stating that after an exhaustive investigation, they concluded they could not meet their burden of proof to demonstrate entitlement to compensation. Special Master Christian J. Moran granted the motion, dismissing the case with prejudice for insufficient proof. The public decision does not name petitioner counsel or respondent counsel. The decision was issued on February 25, 2025.

Theory of causation field:
Petitioners alleged that the diphtheria and tetanus toxoids and aceullular pertussis adsorbed vaccine, inactivated poliovirus and haemophilus b conjugate (tetanus toxoid conjugate) vaccine, hepatitis B vaccine, pneumococcus vaccine, and/or rotavirus vaccine administered on July 27, 2020, caused B.J. to suffer from encephalopathy and cerebral palsy, with symptoms appearing 16 days later. The theory of causation was not established. Petitioners initially filed medical records and affidavits. An expert report from Dr. Dmitriy Niyazov suggested a potential genetic diagnosis of primary coenzyme Q10 deficiency-4 (COQ10D4) and a possible role for the vaccines, citing one article. However, subsequent RNA sequencing results were reported as negative. Petitioners ultimately moved to dismiss their petition, stating they could not meet their burden of proof to demonstrate entitlement to compensation, specifically failing to propose a medical theory causally connecting the vaccinations with the injury, a logical sequence of cause and effect, or a proximate temporal relationship as required by Althen v. Sec'y of Health & Hum. Servs. The case was dismissed with prejudice for insufficient proof by Special Master Christian J. Moran on February 25, 2025. Petitioners were represented by Michael Avrim Firestone, Marving Firestone, MD, JD and Associates, and respondent was represented by Lauren Kells. The theory was considered off-Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00428-1
Date issued/filed: 2025-02-25
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/04/2025) regarding 73 DECISION of Special Master Signed by Special Master Christian J. Moran. (jjb) Service on parties made.
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Case 1:22-vv-00428-UNJ Document 74 Filed 02/25/25 Page 1 of 4
* * * * * * * * * * * * * * * * * * * * * * * * *
KELSEY AND RYAN JARANILLA, * No. 22-428V
on behalf of their minor daughter BJ, *
*
Petitioners, * Special Master Christian J. Moran
*
v. *
* Filed: February 4, 2025
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Michael Avrim Firestone, Marving Firestone, MD, JD and Associates, San Mateo,
CA, for petitioner;
Lauren Kells, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Kelsey and Ryan Jaranilla (“petitioners”) alleged that the diphtheria and
tetanus toxoids and aceullular pertussis adsorbed vaccine, inactivated poliovirus
and haemophilus b conjugate (tetanus toxoid conjugate) vaccine, hepatitis B
vaccine, pneumococcus vaccine, and/or rotavirus vaccine their child B.J. received
on July 27, 2020 caused B.J. to suffer from encephalopathy and cerebral palsy. On
January 30, 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 1:22-vv-00428-UNJ Document 74 Filed 02/25/25 Page 2 of 4
I. Procedural History
Petitioners filed a petition for compensation on April 12, 2022, alleging that
the diphtheria and tetanus toxoids and aceullular pertussis adsorbed vaccine,
inactivated poliovirus and haemophilus b conjugate (tetanus toxoid conjugate)
vaccine, hepatitis B vaccine, pneumococcus vaccine, and/or rotavirus vaccine their
child B.J. received on July 27, 2020 caused B.J. to suffer from encephalopathy and
cerebral palsy 16 days later. Pet. at 1-3. They filed medical records and affidavits
over the next few months.
The Secretary filed his Rule 4(c) report on October 21, 2022, contesting
entitlement. The Secretary argued that petitioners had not provided preponderant
evidence satisfying any of the Althen prongs between B.J.’s condition and any of
the vaccines. Resp’t’s Rep. at 10-11. Further, the Secretary noted that petitioners
had not submitted an expert report in support of their claim, and that none of B.J.’s
treating doctors opined that the vaccines caused her condition. Id. at 10.
On September 23, 2024, petitioners filed an expert report from Dr. Dmitriy
Niyazov, a board-certified medical geneticist. Exhibit 34. Dr. Niyazov opined
that the recent findings on the Whole Genome Sequencing point to a potential
genetic diagnosis of primary coenzyme Q10 deficiency-4 (COQ10D4). Id. at 1.
Dr. Niyazov stated that RNA testing could prove invaluable in finding a rare cause
of B.J.’s condition and could explain a role of the vaccines in B.J.’s condition. Id.
at 2. Dr. Niyazov cited one article regarding primary coenzyme Q10 deficiency.
Id.
The undersigned issued an order for petitioners to file a status report
regarding B.J.’s RNA sequencing results. Order, issued Sept. 25, 2024. On
December 20, 2024, petitioners filed B.J.’s RNA sequencing results. On the same
day, petitioners filed a status report indicating the results of B.J.’s RNA testing
were reported as negative. Pet’rs’ Status Rep., filed Dec. 20, 2024, at 2.
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-
2

Case 1:22-vv-00428-UNJ Document 74 Filed 02/25/25 Page 3 of 4
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, affidavits, and an expert
report. Nonetheless, petitioners wish to have their claim dismissed and judgment
entered against them. Petitioners filed their dismissal pursuant to Vaccine Rule
21(b). Pet’rs’ Mot., filed Jan. 30, 2025 at 1.
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 after “an exhaustive
investigation of the facts and science surrounding this case has led [p]etitioners to
conclude that they cannot meet their burden of proof to demonstrate entitlement to
compensation.” Pet’rs’ Mot., filed Jan. 30, 2025 at 1. Petitioners have therefore
not met their burden under Althen.
3

Case 1:22-vv-00428-UNJ Document 74 Filed 02/25/25 Page 4 of 4
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
4