Niyi Alaofin v. HHS - DTaP, myoclonic encephalopathy, severe developmental delay and seizures (2015)

On February 19, 2013, Niyi Alaofin, as parent and natural guardian of his minor daughter O.A., filed a petition for compensation under the National Vaccine Injury Act of 1986. The petition alleged that O.A. developed myoclonic encephalopathy, severe developmental delay, and seizures as a result of receiving the diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B (Hep B), haemophilus influenza type b (Hib), inactivated polio vaccine (IPV), and rotavirus vaccine on May 1, 2010.

The petition further alleged that O.A.'s seizures were exacerbated by additional vaccines received on December 1, 2010. The respondent, the Secretary of Health and Human Services, filed a report stating the case was not appropriate for compensation due to insufficient proof of causation.

On May 14, 2015, the petitioner filed a motion for a dismissal decision, acknowledging that they would be unable to prove O.A. was entitled to compensation. The petitioner's counsel was Anne Carrion Toale of Maglio, Christopher & Toale, PA, and respondent's counsel was Lisa Ann Watts of the United States Department of Justice.

Special Master Nora Beth Dorsey presided over the case. The Special Master noted that to receive compensation, the petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine.

The public decision does not describe any specific medical records or expert opinions presented by the petitioner. The Special Master found no evidence of a "Table Injury" and no persuasive evidence, including a medical expert's opinion, indicating that O.A.'s injuries were caused by a vaccination.

Consequently, the petition was dismissed for insufficient proof. The decision date was June 4, 2015.