Taylor Marie Campbell v. HHS - DPT/DTP, seizure disorder (2005)

Taylor Marie Campbell, a minor, and her parents filed a petition on May 28, 2002, alleging that an acellular DPT vaccine administered on May 27, 1999, caused a seizure disorder beginning on May 31, 1999. The Special Master issued a decision on June 30, 2005, denying the claim without an evidentiary hearing.

The Special Master found the parents' affidavits not credible, citing a perceived discrepancy between the affidavits and the medical records regarding whether Taylor had a fever concurrent with her seizures. The Special Master also rejected the expert reports of neurologist Carlo Tornatore, primarily because he stated Taylor developed a febrile syndrome concurrent with her convulsions, which the Special Master concluded was erroneous based on an internet dictionary definition.

The Special Master also relied on nine articles about seizure disorders and fevers, found on the internet, without providing petitioners an adequate opportunity to respond. The court, in an opinion issued January 27, 2006, found that the Special Master's procedures were fundamentally unfair and her rulings arbitrary and capricious.

The court noted inconsistencies in the medical records regarding the timing of Taylor's fever and seizures, and that the Special Master's interpretation of Dr. Tornatore's use of the term "concurrent" was too narrow.

The court also found the internet articles unreliable and that petitioners were not given a sufficient opportunity to respond to them. The court vacated the Special Master's decision and remanded the case for further proceedings, emphasizing the need for an evidentiary hearing to properly assess credibility and the record.

The court's decision was issued by Judge Allegra. Petitioner counsel and respondent counsel are not named in the provided text.

No award amount or annuity terms are present as entitlement had not been definitively granted or denied on the merits.