Christopher v. HHS - MMR, acute encephalopathy (2004)

Christopher, a minor child, received a measles, mumps, and rubella (MMR) vaccination. The petitioners alleged that Christopher suffered an acute encephalopathy beginning fourteen days after his vaccination, which they claimed was a "Table injury." The special master rejected the opinion of the petitioners' expert, Dr.

Geier, finding him unqualified to provide a neurological diagnosis. The special master also noted that Christopher's medical records indicated he was alert and in no acute distress at the time of the alleged onset of his condition.

Consequently, the special master dismissed the claim for a "Table encephalopathy" for failure to prove a prima facie case. However, the special master permitted the petitioners to proceed on alternate allegations of a "Table measles infection" and autism caused by either MMR or thimerosal-containing vaccines.

The petitioners filed a motion for review of the special master's order with the Court of Federal Claims. The Court of Federal Claims dismissed the petitioners' motion for review, finding that the special master's order was not a final decision within the meaning of the National Childhood Vaccine Injury Compensation Act.

The Court reasoned that a final decision must resolve the ultimate issues in the case, including whether compensation is appropriate and, if so, its amount. Because alternate claims remained pending, the special master had not yet determined entitlement to compensation or the amount thereof.

The Court concluded that it lacked jurisdiction to review the interim order at that stage of the proceeding and dismissed the petition for review without prejudice, allowing the petitioners to pursue their remaining claims. The public decision does not describe the specific onset symptoms, diagnostic tests, or treatments for Christopher's condition, nor does it name the petitioner's counsel or respondent's counsel.