Mary Demyan v. HHS - DTaP, Type 1 diabetes (2025)
Case summary [AI summaries can sometimes make mistakes]
On April 10, 2023, Mary Demyan filed a petition on behalf of her minor child, J.D., alleging that DTaP, Hib, and pneumococcal conjugate vaccinations administered on April 30, 2020 caused Type 1 diabetes. The public dismissal decision identifies J.D. as a minor but does not state the child's exact age.
Respondent advised in October 2024 that the case was not appropriate for compensation and later filed a Rule 4(c) report defending against the claim. Chief Special Master Brian H.
Corcoran ordered petitioner to file an expert report addressing causation. After several extensions, petitioner moved to dismiss, stating that she had been unable to locate an expert to support the claim.
On September 22, 2025, Chief Special Master Corcoran dismissed the petition with prejudice. The decision explains that without expert support or other reliable causation evidence, petitioner could not meet the Vaccine Act burden of proof.
No compensation was awarded. Petitioner was represented by Richard Gage.
Theory of causation
DTaP, Hib, and pneumococcal conjugate vaccines, April 30, 2020, minor J.D. (exact age not stated in public source), alleged Type 1 diabetes. DISMISSED with prejudice. Respondent defended in a Rule 4(c) report; petitioner was ordered to file an expert report but, after multiple extensions, moved to dismiss because she could not locate an expert. No medical theory, expert testimony, or Althen proof was presented in the public dismissal decision. Chief Special Master Corcoran September 22, 2025. No award. Attorney Richard Gage; respondent Julianna Kober.
Source PDFs
USCOURTS-cofc-1_23-vv-00488