C.D. v. HHS - DTaP, vaccine induced encephalopathy with seizures and loss of muscle control (2014)

Melissa and Cecil Davis, as parents and natural guardians of their infant child C.D., filed a petition alleging that vaccinations received on October 18, 2006, including Pediarix, Prevnar, and PedvaxHIB, caused vaccine-induced encephalopathy with seizures and loss of muscle control. C.D. was born prematurely and had several health issues in the neonatal period.

Approximately five days after her second set of vaccinations, C.D. experienced her first documented seizure and was diagnosed with epilepsy. Subsequent evaluations revealed hypotonia, developmental delay, and a chromosomal abnormality.

Later, C.D. was diagnosed with a congenital disorder of glycosylation with mutations in the PIGT gene, an inherited condition. Petitioners' expert, Dr.

Burris, opined that C.D. had vaccine-induced encephalopathy and that a metabolic disorder made her susceptible to vaccine injury. Respondent's expert, Dr.

Raymond, a neurologist and clinical geneticist, concluded that C.D. had a genetic epileptic encephalopathy present at birth and rejected the vaccine causation theory, stating that all of C.D.'s symptoms were manifestations of her genetic disorder. The court found that petitioners failed to establish entitlement to compensation because their expert's opinion lacked factual support and did not adequately address C.D.'s underlying genetic condition.

The petition was dismissed for failure to make a prima facie case. Subsequently, the parties stipulated to an award of attorneys' fees and costs in the amount of $22,650.64.