Destiny Ramos v. HHS - Influenza, unspecified injuries and resulted in Y.G.G.’s death (2024)

On January 31, 2024, Destiny Ramos filed a petition on behalf of her minor deceased child, Y.G.G., under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine and a hepatitis A vaccine administered on March 1, 2023, caused unspecified injuries and resulted in Y.G.G.'s death on April 6, 2023.

Petitioner initially did not file supporting documentation. On March 4, 2024, Petitioner submitted a declaration and some of Y.G.G.'s medical records, stating that she had been unsuccessful in obtaining the autopsy report from the medical examiner.

Later, on July 2, 2024, Petitioner filed documents detailing her unsuccessful efforts to obtain ambulance records. On August 28, 2024, Petitioner moved to dismiss the petition, stating that an investigation into the facts and science supporting the case demonstrated an inability to prove entitlement to compensation.

The Special Master noted that to receive compensation, a petitioner must prove either an "on-Table" injury or an "off-Table" injury caused by a vaccine. For off-Table injuries, the petitioner must satisfy the three prongs established in Althen v.

Secretary of Health & Human Services: a medical theory connecting the vaccination and the injury, a logical sequence of cause and effect, and a proximate temporal relationship. The Special Master found that Petitioner had not submitted evidence to establish these prongs.

Furthermore, for cases alleging vaccine-caused death, the required death certificate or autopsy report had not been filed. Petitioner also admitted she could not prove entitlement.

Consequently, the case was dismissed for insufficient proof. The clerk was ordered to enter judgment accordingly.

Chief Special Master Brian H. Corcoran issued the decision on September 13, 2024, and it was publicly accessible.