Rollins v. Secretary of Health and Human Services, 17-17

Petitioners Rita and Steve Rollins filed a Vaccine Act petition on behalf of their daughter M.R., alleging GBS caused by Tdap and Menactra vaccinations given June 16, 2014.
Several contemporaneous medical records indicated M.R.’s GBS onset occurred more than eight weeks after vaccination.
Respondent filed a Rule 4(c) Report recommending against compensation; the special master noted a prior dismissal where GBS onset beyond two months undermined causation.
Petitioners did not submit an expert medical opinion establishing a causal theory tying the vaccinations to M.R.’s GBS.
Petitioners moved to dismiss, conceding they could not prove entitlement and stating intent to pursue civil litigation after judgment.
The special master granted the motion and dismissed the petition for failure to make a prima facie case of causation in fact.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioners proved causation in fact between vaccines and GBS	Petitioners alleged Tdap and Menactra caused M.R.’s GBS based on temporal association with vaccination	Respondent argued medical records and timing did not support causation; recommended against compensation	Dismissed: petitioners failed to prove causation in fact
Whether temporal proximity alone suffices to prove causation	Petitioners relied on alleged temporal link	Respondent contended temporal association alone is insufficient without medical theory or expert support	Held temporal association alone is insufficient; petitioners must provide medical theory and logical sequence supported by expert evidence
Whether absence of other causes can substitute for affirmative proof of causation	Petitioners implicitly relied on lack of alternative causes	Respondent emphasized that absence of other causes does not satisfy affirmative burden	Held absence of other causes does not meet petitioner’s burden to show actual causation
Appropriateness of dismissal without expert report	Petitioners sought dismissal recognizing inability to prove case and to conserve resources	Respondent sought denial of compensation based on record; no expert from petitioners	Granted petitioners’ voluntary motion; case dismissed for failure to make prima facie case

Althen v. Sec’y of HHS, 418 F.3d 1274 (Fed. Cir. 2005) (sets three-prong test for causation in fact: medical theory, logical sequence, and proximate temporal relationship)
Grant v. Sec’y of Health & Human Servs., 956 F.2d 1144 (Fed. Cir. 1992) (absence of other causes does not satisfy petitioner’s affirmative burden; temporal association insufficient)
Shyface v. Sec’y of HHS, 165 F.3d 1344 (Fed. Cir. 1999) (petitioner must show vaccine was a substantial factor in causing injury)