Petty v. Secretary of Health and Human Services
17-203
| Fed. Cl. | Dec 18, 2017Background
- Petitioner L.P. received DTaP and Rotavirus vaccines on February 11, 2014 at two months old.
- Petitioner filed a petition under the Vaccine Act on February 10, 2017 alleging GI injuries and related complications.
- Petitioner moved for dismissal, acknowledging she cannot prove entitlement to compensation.
- Special Master granted the Motion for a Decision Dismissing the Petition and dismissed the case.
- Record shows pre-vaccination GERD history and post-vaccination vomiting/diarrhea with multiple medical evaluations but no medical opinion supporting causation.
- Court applied Althen causation standard and found no medical support for causation; dismissal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner can prove causation in fact under Althen. | L.P.'s GI issues are linked to vaccines. | No medical theory or evidence ties vaccines to injury. | Petition dismissed for lack of causation evidence. |
| Whether a medical expert opinion is required to proceed. | Records show patterns but no expert opinion. | Causation requires expert medical testimony. | Dismissal affirmed due to absence of medical opinion. |
| Whether the petition should be dismissed as a matter of discretion. | Proceeding wastes resources; dismissal appropriate. | Case merits do not support compensation given lack of causation. | Petition dismissed. |
Key Cases Cited
- Althen v. Sec’y of HHS, 418 F.3d 1274 (Fed. Cir. 2005) (record must show a reliable medical theory linking vaccine to injury)
- Grant v. Secretary of Health and Human Services, 956 F.2d 1144 (Fed. Cir. 1992) (absence of other causes does not prove causation)
- Shyface v. Sec’y of HHS, 165 F.3d 1344 (Fed. Cir. 1999) (but-for causation must be shown and vaccines must be substantial factor)