In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed April 23, 2019 * * * * * * * * * * * * * * * ROBERT DAVID DUPUCH-CARRON * and ELIZABETH JOANNA CARRON, * as the legal representatives of the estate of * their minor son, A.R.D-C., * PUBLISHED * Petitioners, * No. 17-1551V * v. * Special Master Gowen * SECRETARY OF HEALTH * Eligibility for Compensation; AND HUMAN SERVICES, * “Person”; “Returned”. * Respondent. * * * * * * * * * * * * * * * * Curtis R. Webb, Twin Falls, ID, for petitioners. Meredith B. Healy, U.S. Department of Justice, Washington, DC, for respondent.1 DECISION2 Robert David Dupuch-Carron and Elizabeth Joanna Carron (“petitioners,” or “father” and mother”) are the legal representatives of the estate of their minor son, A.R.D-C. The family is domiciled in The Bahamas. Ms. Carron carried A.R.D-C. in utero upon five visits to the United States. On November 24, 2015, A.R.D-C. was born in The Bahamas. On June 23, 2016, A.R.D- C. received DTaP, IPV, HIB, HBV, Prevnar, and rotavirus vaccines at his pediatrician’s office in The Bahamas. He remained in The Bahamas until July 13, 2016, when he was transported to the United States for treatment for secondary hemophagocytic lymphohistiocytosis (“HLH”). 1 Lynn E. Ricciardella was respondent’s previous counsel of record and filed respondent’s cross-motion for summary judgment. Afterwards, Meredith B. Healy substituted as respondent’s counsel on August 30, 2018. Notice of Appearance (ECF No. 22). 2 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). An objecting party must provide the court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. A.R.D-C. later developed secondary complications and passed away in the United States on December 24, 2017. On October 7, 2017, petitioners initiated a claim within the National Vaccine Injury Compensation Program, alleging that A.R.D-C.’s March 26, 2016 vaccines caused his injuries and death.3 Petition (ECF No. 1); see also Amended Petition filed March 26, 2018 (ECF No. 15). Ripe for adjudication is whether petitioners’ claim is eligible under 42 U.S.C. § 300aa- 11(c)(1)(B)(III), which ...
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