Holly Austin, Parent Of K.A., A Minor v. HHS - DTaP, encephalopathy, seizure disorder, developmental regression, autism spectrum disorder (2018)

On May 27, 2005, Holly Austin, on behalf of her son K.A., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that K.A. received DTaP, Hepatitis B, and Pneumococcal vaccines on July 28, 2003, and subsequently experienced acute onset seizures.

Further medical records documented developmental regression by July 2004, leading to diagnoses of seizure disorder, significant developmental delay, and later autism spectrum disorder (ASD). An amended petition in August 2017 altered the allegations to exclude autism as the primary injury, focusing instead on seizure activity and developmental regression following vaccinations.

K.A. was born on January 24, 2003. He received multiple vaccinations throughout his first year of life without noted adverse reactions.

On July 12, 2003, K.A. experienced an "acute life-threatening event" involving starring and limpness, diagnosed as presumptive gastrointestinal reflux and left otitis media. On July 28, 2003, a few hours after receiving his third round of DTaP, Hep B, and Pneumovax vaccinations, K.A. experienced acute onset seizures.

An EEG and MRI performed during his hospitalization were normal. His neurologist, Dr.

James Sears, noted the temporal association with vaccination but stated it did not appear to be a substantial element of the seizure episode. K.A. was discharged on July 31, 2003.

Over the following months, K.A. received further vaccinations, including an influenza vaccine on December 15, 2003. On December 22, 2003, K.A. experienced seizure activity again.

Dr. Stephen Rioux, a pediatric neurologist, opined that K.A. likely had a generalized seizure disorder and that while quinolones transmitted through breast milk and subsequent immunizations might have lowered the seizure threshold, it was unlikely they were responsible for his ongoing difficulties.

At the petitioner's request, Dr. Rioux recommended spreading out future vaccinations.

K.A. received additional vaccines in May and June 2004. On July 5, 2004, K.A. experienced additional seizures.

During a July 9, 2004, visit with Dr. Michael Ross, K.A.'s parents reported developmental regression, including loss of language, decreased attention span, and other behavioral changes.

Dr. Ross diagnosed K.A. with seizure disorder and significant developmental delay.

Subsequent evaluations in September 2004 led to diagnoses of autism spectrum disorder, severe language delays, and motor delays. Extensive testing for metabolic and genetic etiologies, including Fragile X syndrome and mitochondrial dysfunction, yielded normal results apart from a carbohydrate transferring deficiency.

Numerous specialists, including Dr. Cheryl Garganta, Dr.

Fran Kendall, and Dr. Peter Morrison, evaluated K.A. over the years, consistently finding no clear proof of a vaccine-related causation for his condition, although some noted the temporal relationship of symptom onset to vaccinations.

Petitioner's expert, Dr. Yuval Shafrir, opined that the DTaP vaccine triggered an autoimmune encephalopathy, exacerbated by later vaccinations, leading to developmental regression and ASD.

He proposed a mechanism of molecular mimicry, citing studies on other vaccines and conditions. Respondent's expert, Dr.

Gregory Holmes, refuted this theory, stating that the literature did not support a link between vaccines and autism through molecular mimicry or autoimmune mechanisms and that K.A.'s seizure disorder likely began before the July 28, 2003 vaccinations. On May 15, 2018, Special Master Brian H.

Corcoran dismissed the case. He found no contemporaneous evidence of post-vaccination encephalopathy, that Dr.

Shafrir's causation theory was unreliable and previously rejected, and that there was no medically acceptable temporal relationship between the July 2003 vaccinations and the July 2004 onset of developmental regression. The Special Master concluded that the record did not support the contention that K.A.'s vaccines caused his developmental regression, seizure disorder, or autism, nor that he suffered from a post-vaccine encephalopathy.

The United States Court of Federal Claims, in a decision issued November 27, 2018, affirmed the Special Master's decision. The Court found that the Special Master did not abuse his discretion and that the record supported his findings.

The Court agreed that K.A. did not experience a post-vaccination encephalopathy, that the petitioner failed to establish a reliable causation theory, and that the temporal relationship between vaccination and injury was not medically acceptable. The Court also found that K.A.'s treating physicians did not believe the vaccinations caused his seizures and that the Special Master did not err in resolving the case without an evidentiary hearing.

The Court denied petitioner's motion for review and sustained the Special Master's decision.