Carter Rose v. HHS - DTaP, severe myoclonic epilepsy of infancy (“SMEI”); Dravet syndrome; SCN1A sodium channel mutation (2014)

On November 10, 2008, Tracy Rose, as parent of minor Carter Rose, filed a petition alleging that the DTaP vaccine caused Carter to develop severe myoclonic epilepsy of infancy (SMEI), also known as Dravet syndrome, and developmental delays. The petition was initially assigned to Special Master Richard B.

Abell. The respondent filed a Rule 4(c) Report on May 21, 2009, noting Carter's diagnosis with a sodium channel mutation.

The case was stayed on August 5, 2009, pending the outcome of related cases, Snyder and Harris. The case was subsequently transferred to Special Master Patricia E.

Campbell-Smith on March 30, 2010. Proceedings included the deposition of the director of Athena Diagnostics Lab, which had determined Carter has an SCN1A mutation.

Petitioner filed an expert report from Dr. John Gaitanis on October 7, 2011, and respondent filed reports from her experts, Dr.

Raymond and Dr. Sachdeo, on February 29, 2012.

Special Master Campbell-Smith noted in an order on May 22, 2012, that petitioners' allegations of significant aggravation of SMEI had previously failed in similar cases. The case was transferred to Special Master Laura D.

Millman on May 28, 2013. On July 25, 2013, interim attorneys' fees and costs totaling $80,385.22 were awarded based on a stipulation.

On January 29, 2014, Special Master Millman questioned the basis for proceeding, citing seven similar cases where petitioners had lost, particularly concerning the alleged aggravation of SCN1A mutations by vaccinations. On April 4, 2014, the Special Master ordered Dr.

Gaitanis to respond to the respondent's experts' reports and to explain deficiencies in his own report, including reliance on fever-induced seizures when Carter did not have a fever, the one-year delay between vaccination and the first objective sign of brain injury, and the basis for claiming significant aggravation. The Special Master also ordered blood testing of Carter's parents.

On May 12, 2014, petitioner filed an unopposed motion to dismiss the petition, stating an inability to secure evidence to prove entitlement to compensation and that further proceedings would be unreasonable. Special Master Millman granted the motion and dismissed the case on May 15, 2014.

A subsequent decision on September 16, 2014, awarded final attorneys' fees and costs of $11,600.00 based on a stipulation between the parties, payable to petitioner and Conway, Homer & Chin-Caplan, P.C.