Butler v. Secretary of Health and Human Services, 16-1620

Petitioner Daniele Strawmyre Butler filed a Vaccine Program petition on behalf of her minor child C.B., alleging the DTaP vaccine administered on December 9, 2013 caused infantile spasms (West syndrome) and developmental delay.
Medical records were filed; Respondent submitted a Rule 4(c) Report opposing compensation and indicating the claim was inappropriate for award.
The Special Master reviewed records and expressed concern that onset of the alleged reaction occurred four to five weeks after vaccination—timing inconsistent with Petitioner’s causation theory—and noted precedent rejecting that theory.
Petitioner was advised to obtain an expert or move to dismiss; after extensions, Petitioner moved to voluntarily dismiss the petition, acknowledging she likely could not meet her burden of proof and wishing to preserve civil suit rights.
The record contained no Table Injury evidence, no medical expert opinion linking the DTaP vaccine to C.B.’s injuries, and the submitted medical records did not support causation.
The Special Master dismissed the petition for insufficient proof under the Vaccine Act and directed entry of judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether C.B. experienced a Table Injury from the DTaP vaccination	Butler alleged DTaP caused infantile spasms/developmental delay	Respondent argued claim did not meet Table criteria and was not compensable	No Table Injury shown; claim fails
Whether petitioner established actual-cause causation from the vaccine	Butler maintained vaccine caused or significantly aggravated injuries (but submitted no expert proof)	Respondent argued medical records and lack of expert opinion do not show causation	Insufficient evidence of actual causation; claim dismissed
Whether the petition was supported by required medical records or a competent physician's opinion	Butler filed medical records but no competent causation opinion	Respondent emphasized absence of competent medical opinion or persuasive record evidence	Vaccine Act requires records or physician opinion; petitioner failed to meet burden
Whether dismissal was appropriate without a hearing	Butler moved to dismiss recognizing likely inability to prove entitlement	Respondent opposed compensation and relied on Rule 4(c) Report and record	Case dismissed for insufficient proof; no hearing required