N.M. v. HHS - DTaP, seizure disorder (2014)

On July 21, 2009, Demetrice Mathis, on behalf of her minor daughter N.M., filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. The petition alleged that N.M. suffered a seizure disorder as a result of receiving a diphtheria-tetanus-acellular pertussis (DTaP) vaccination on August 10, 2006.

The respondent argued against compensation. An entitlement hearing was held on August 11, 2011.

Following the hearing, the Special Master ordered the parties to arrange for N.M. to undergo genetic testing. The genetic testing revealed that N.M. has the SCN1A gene variant, which is linked to severe seizures.

On July 23, 2014, the petitioner filed a motion to dismiss their petition, stating an inability to secure further evidence required to prove entitlement to compensation. The petitioner's counsel advised that a dismissal would result in a judgment against her and end her rights in the Vaccine Program, but that she intended to protect her rights to file a civil action in the future by rejecting the Vaccine Program judgment.

The respondent did not oppose the motion for dismissal. The case was dismissed for insufficient proof by Special Master Nora Beth Dorsey on August 14, 2014.

The public decision does not describe the specific onset of symptoms, diagnostic tests other than genetic testing, or treatments for the seizure disorder. The petitioner was represented by Ronald Craig Homer of Conway, Homer & Chin-Caplan, P.C., and the respondent was represented by Glenn Alexander MacLeod of the U.S.

Department of Justice.