C.E.K. v. HHS - DTaP, brain inflammation, expressive language disorder, and chronic inflammatory response syndrome (2023)

Dana Kendrick, on behalf of her minor child C.E.K., filed a petition on June 9, 2022, alleging that C.E.K. suffered brain inflammation, expressive language disorder, and chronic inflammatory response syndrome as a result of receiving the DTaP and PCV 13 vaccines beginning August 2, 2019. The respondent, the Secretary of Health and Human Services, contested the allegations.

The petitioner filed medical records but did not retain an expert to opine on causation. After missing deadlines for expert reports, including an initial deadline of September 1, 2023, which was extended by 30 days on September 6, 2023, Ms.

Kendrick moved on September 26, 2023, for a decision dismissing her petition. She stated her understanding that such a dismissal would result in a judgment against her and end her rights in the Vaccine Program, and that she intended to elect to file a civil action instead.

The Secretary did not file a response to the motion. Special Master Christian J.

Moran noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine actually caused the injury, supported by medical records or a physician's opinion. As Ms.

Kendrick did not retain an expert to support her claim that the DTaP and PCV 13 vaccines caused C.E.K.'s alleged conditions, there was insufficient evidence to support a finding of vaccine causation. Consequently, the case was dismissed with prejudice for insufficient proof, and judgment was entered against the petitioner.

Petitioner counsel was Sean Greenwood of The Greenwood Law Firm, and respondent counsel was Felicia Langel of the United States Department of Justice.