Bales v. Secretary of Health and Human Services, 15-882

Petitioner Jaclyn Rene Bales filed a Vaccine Program petition on behalf of her minor child J.B.A., alleging seizures, developmental delay, and encephalopathy following an August 22, 2012 DTaP vaccination.
Petitioner amended the petition and pursued investigation and expert reports; the child was found to carry an SCN1A gene mutation associated with seizure disorders (e.g., Dravet syndrome), though J.B.A. does not have Dravet syndrome.
Genetic testing showed the SCN1A variant was inherited from a parent; petitioner (the mother) is asymptomatic despite carrying the same variant.
After time to obtain expert opinions, petitioner did not file expert reports and moved to dismiss, acknowledging she cannot prove causation between the DTaP vaccine and J.B.A.’s condition.
Respondent reserved the right to challenge timeliness and to oppose any fee/costs application but otherwise did not oppose dismissal.
Special Master Gowen reviewed the record, concluded petitioner could not meet her burden to show a Table injury or causation, and dismissed the petition for insufficient proof.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner proved a Table injury	Bales did not assert a Table injury	Respondent noted no Table injury in record	No Table injury proven; dismissal
Whether petitioner proved causation-in-fact between DTaP and injuries	Bales argued vaccine caused condition despite SCN1A mutation and maternal asymptomatic carrier status	Respondent disputed causation and reserved timeliness challenges	Court found insufficient evidence of causation; dismissal
Whether petitioner may continue without expert proof	Bales sought extra time to obtain experts but ultimately supplied none and moved to dismiss	Respondent did not oppose dismissal on merits	Special Master accepted petitioner’s concession and dismissed for insufficient proof
Post-judgment rights and fees	Bales intends to preserve right to reject Vaccine Program judgment and pursue civil suit; may apply for costs after dismissal	Respondent reserved right to oppose fees/costs and timeliness defenses	Judgment entered dismissing petition; petitioner may seek costs; respondent may oppose fee/costs application and timeliness if pursued

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