C.D.J. v. HHS - DTaP, epileptic seizures and hypotonia (2014)

Melissa and Cecil Davis, as parents and natural guardians of infant C.D.J., filed a petition alleging that vaccinations received on September 26, 2007, including Pediarix, Prevnar, PedvaxHIB, and RotaTeq, caused him to suffer from epileptic seizures and hypotonia. The petition was filed on September 14, 2010.

The medical records indicated that C.D.J. was born prematurely and had several congenital issues, including hypotonia and tremors, noted from birth. He was diagnosed with a congenital disorder of glycosylation with two mutations in the PIGT gene, an inherited condition.

Petitioners' expert, Dr. Burris, opined that C.D.J. suffered vaccine-induced encephalopathy and developmental regression, suggesting a metabolic disorder made him susceptible to vaccine injury.

Respondent's expert, Dr. Raymond, a neurologist and clinical geneticist, concluded that C.D.J.'s symptoms were entirely due to his genetic disorder, which was present at birth, and rejected the vaccine causation theory.

The court found that petitioners failed to establish a prima facie case for entitlement, as Dr. Burris's opinion lacked factual support and did not adequately address the child's genetic condition.

Consequently, the petition was dismissed for failure to make a prima facie case on February 19, 2014. However, on June 27, 2014, the parties stipulated to an award of attorneys' fees and costs in the amount of $31,111.03, which the court approved.