M.W. v. HHS - Pentacel, encephalopathy (2018)
Case summary [AI summaries can sometimes make mistakes]
Mary Kate and Garry Wright, as legal representatives of their minor son, M.W., filed a petition on June 28, 2012, alleging that the Pentacel vaccine administered on July 6, 2009, caused encephalopathy. The petition asserted that M.W. suffered seizures and subsequent encephalopathy as defined by the Vaccine Injury Table.
Petitioners also pursued an off-Table causation claim. Special Master Denise Kathryn Vowell issued a ruling on September 21, 2015, finding M.W. entitled to compensation.
The Special Master determined that M.W. experienced a Table encephalopathy, including a seizure with loss of consciousness and an acute encephalopathy lasting over 24 hours, followed by a chronic encephalopathy persisting for more than six months. The decision clarified that while M.W. was later diagnosed with an autism spectrum disorder (ASD), this ruling did not establish that vaccines cause ASD.
The Special Master noted that if an actual causation determination had been necessary, petitioners would have failed to meet their burden, finding the opinion of Dr. Yuval Shafrir regarding an autoimmune reaction to be biologically impossible and highly speculative.
The Special Master found the opinions of Dr. Max Wiznitzer to be more persuasive on the issue of actual causation.
The case proceeded to damages. On June 25, 2018, Chief Special Master Nora Beth Dorsey issued a decision awarding compensation based on a stipulation and proffer.
The award included a lump sum of $1,228,911.64 for lost future earnings, pain and suffering, and first-year life care expenses, a lump sum of $658,747.40 for past unreimbursable expenses, and an amount to purchase a future annuity for ongoing life care needs. The total award was $1,887,659.04.
Theory of causation
Petitioners alleged that the Pentacel vaccine administered on July 6, 2009, caused M.W. to suffer a Table encephalopathy. Special Master Vowell found that M.W. experienced a seizure with loss of consciousness and an acute encephalopathy lasting over 24 hours, followed by a chronic encephalopathy persisting for more than six months, satisfying the criteria for a Table encephalopathy. The Special Master noted that while M.W. was later diagnosed with autism spectrum disorder (ASD), this ruling did not establish that vaccines cause ASD. The Special Master found that petitioners would have failed to meet their burden of proof on an off-Table actual causation claim, specifically rejecting the opinion of Dr. Yuval Shafrir. The damages award, totaling $1,887,659.04, was determined by stipulation and proffer, including $1,228,911.64 in lump sums for lost future earnings, pain and suffering, and first-year life care expenses, and $658,747.40 for past unreimbursable expenses, with the remainder to be purchased via annuity. Attorneys for petitioners were Mindy Michaels Roth and Michael G. McLaren. Attorneys for respondent were Lara Ann Englund. Special Master Vowell issued the entitlement decision on September 21, 2015, and Chief Special Master Dorsey issued the damages award on June 25, 2018.
Source PDFs
USCOURTS-cofc-1_12-vv-00423