Megan Richardson v. HHS - DTaP, seizures and related symptoms (2009)

Megan Richardson, a minor, received a DTaP vaccination on March 26, 2001, at approximately six and a half months of age. Her parents, Steven and Lisa Richardson, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, alleging that Megan suffered seizures and related symptoms following the vaccination.

Family members and the treating physician, Dr. Thomas Johnston, testified that Megan began experiencing slight seizure episodes within one week of the vaccination.

However, the Special Master relied on a notation by emergency room physician Dr. Carol Baum, who recorded that Megan had experienced two prior episodes "this week" when lying flat for a diaper change during an April 14, 2001, visit for a four-minute seizure.

The Special Master interpreted "this week" to mean no more than seven days prior to April 14, 2001, thus establishing an onset date of no earlier than April 8, 2001, thirteen days after vaccination. This interpretation led the Special Master to reject the testimony and affidavits of the fact witnesses, including Megan's parents, grandmother, and a close family friend, due to the lack of contemporaneous written medical records confirming earlier seizure episodes.

The Special Master also directed expert witnesses to assume this later onset date. The Court of Federal Claims, in a decision by Judge Wheeler on November 30, 2009, vacated both the Special Master's Ruling on Onset and Decision on Entitlement.

The Court found that the Special Master's conduct during the fact and expert hearings violated Vaccine Rules 3(b)(2) and 8(b)(1) by failing to provide fundamental fairness. Specifically, the Special Master frequently interrupted direct testimony, posed leading and opinionated questions, and effectively subjected witnesses to a second cross-examination, functioning more as an adversary than a judicial officer.

The Court noted that Dr. Baum's "this week" notation did not preclude earlier episodes and that anxious parents might not recall a complete medical history during an emergency visit.

The Court remanded the case to the Office of Special Masters for reassignment to a new Special Master to conduct reopened proceedings, allowing for a fuller record and expert testimony without the imposed onset restriction. The Court made no finding on entitlement but emphasized the need for fundamental fairness in the proceedings.

The remand period was set at 90 days.