Colten v. HHS - MMR, pervasive developmental disorder (2009)

On March 22, 2001, petitioners filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986 on behalf of their son, Colten Snyder. Colten was born on January 9, 1997.

Petitioners alleged that Colten developed a pervasive developmental disorder-not otherwise specified (PDD-NOS) caused by his MMR vaccination on April 23, 1998, and thimerosal-containing vaccines. The case was consolidated into the Omnibus Autism Proceeding (OAP) and selected as one of three test cases for "Theory 1," which posits that a combination of the MMR vaccine and thimerosal-containing vaccines, acting in concert, causes some autism spectrum disorders.

Colten experienced various medical issues, including signs of food allergies, asthma, fevers, and gastrointestinal and respiratory infections, during his first fifteen months of life. He received scheduled childhood vaccinations during this period.

On April 23, 1998, at 15 months old, Colten received his first MMR vaccination. Thirty-three days later, he was hospitalized with fever, diarrhea, dehydration, gastroenteritis, pharyngitis, and "mental-status type changes." Upon discharge, his neurological examination was normal.

Between his hospitalization and his two-year well-child visit, Colten experienced infections and a noted arrest in his speech development. At his two-year visit, his mother expressed concerns about tantrums, discipline, and developmental milestones.

His pediatrician noted avoidance of eye contact and right-sided weakness, leading to referrals for a pediatric neurologist and speech therapy. Colten began speech therapy and was placed on a gluten-free, casein-free diet.

In July 1999, Colten began treatment with Dr. J.

Jeffrey Bradstreet, who diagnosed him with autism without using standard rating scales. A psychologist later diagnosed him with PDD-NOS using the Childhood Autism Rating Scale.

Over the next eight years, Dr. Bradstreet treated Colten with various therapies and supplements.

He also ordered tests from Unigenetics laboratory in Ireland, which reported measles virus in Colten's cerebrospinal fluid and gut tissue, but not in his blood. Colten's verbal skills improved significantly over time, and he was released from the developmental delay classification on August 10, 2004.

Petitioners attributed this improvement to Dr. Bradstreet's treatments, while one of the respondent's experts stated Colten's developmental pattern was consistent with the natural history of autism and that his intelligence allowed him to benefit from speech therapy.

A 12-day general causation hearing for Theory 1 was held in June 2007, followed by case-specific testimony for Colten from November 5-9, 2007. Special Master Denise K.

Vowell issued a decision on February 12, 2009, denying entitlement to compensation. Special Master Vowell found multiple credibility issues with petitioners' experts, rejected the proposed medical theory, and found no logical sequence of cause and effect or biologically acceptable timeframe.

The Court of Federal Claims affirmed this decision on August 11, 2009, finding the Special Master's findings to be neither arbitrary nor capricious. Petitioners' counsel was Mr.

Powers, and respondent's counsel was not named in the provided text.