Joshua Argueta v. HHS - DTaP, encephalopathy and seizures and permanent brain injury (2011)

Joshua Argueta, born May 8, 2004, received a DTaP vaccine on November 10, 2004. His mother, Veronica Argueta, filed a petition for review of the Special Master's decision denying compensation under the National Child Vaccine Injury Act.

The petition alleged that the DTaP vaccine caused an encephalopathy, seizures, and permanent brain injury, specifically claiming a Table encephalopathy. The Special Master denied the claim, finding that the petitioner failed to prove two essential elements: first, that Joshua exhibited symptoms of acute encephalopathy within 72 hours of vaccination, and second, that no symptoms of his injury appeared prior to vaccination.

The Court of Federal Claims, through Judge Damich, reviewed the Special Master's decision and denied the motion for review on August 1, 2011, affirming the Special Master's findings of fact and conclusions of law. The court found the Special Master's decision to be well-grounded and rational, based on a thorough evaluation of the evidence.

The public decision does not describe the petitioner's counsel, respondent's counsel, or the specific dollar breakdown of any award, as the claim was denied. The public decision does not describe the specific mechanism of injury alleged by the petitioner's expert, Dr.

Schweller, beyond his speculation that Dr. Weiss missed an acute encephalopathic process.

The public decision does not describe the specific tests performed on Joshua beyond an EEG and VEPs. The public decision does not describe the specific treatments Joshua received beyond those for bronchitis, ear infection, croup, and infantile spasms.