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

Christina and Greg Schniegenberg, as legal representatives of their minor child M.S., filed a petition on May 21, 2013, alleging that the DTaP vaccine caused M.S. to develop generalized tonic seizures and a seizure disorder. The petition was filed under the National Childhood Vaccine Injury Act.

Petitioners submitted medical records. Initially, they expressed an intent to amend their petition to add a Table encephalopathy claim, but later declined to do so.

Respondent's Rule 4 report noted that M.S. had an SCN1A gene mutation. During a status conference, Special Master Christian J.

Moran informed the petitioners that recent Federal Circuit decisions concerning SCN1A gene mutations might undermine their case. Petitioners subsequently moved for the court to rule on the record, without citing specific evidence to support their claim.

Respondent did not file a written response. Special Master Moran noted that to receive compensation, petitioners must prove either a Table Injury or that the vaccine actually caused the injury.

The public decision does not describe the onset of symptoms, specific medical tests performed, or treatments received. The public decision does not name the petitioner's counsel or respondent's counsel.

The court found no evidence of a Table Injury and no medical opinion supporting the claim that the vaccine actually caused the seizure disorder. Because the medical records did not support the claim and no competent medical opinion was offered, the court dismissed the case for insufficient proof.

The Clerk was ordered to enter judgment accordingly.