VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00347
Package ID: USCOURTS-cofc-1_13-vv-00347
Petitioner: M.S.
Filed: 2013-05-21
Decided: 2014-09-19
Vaccine: DTaP
Vaccination date: 
Condition: seizure disorder
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioners Christina and Greg Schniegenberg, as legal representatives of minor M.S., filed a petition on May 21, 2013, alleging that the DTaP vaccine caused generalized tonic seizures and a seizure disorder. The public decision does not specify the vaccine date or M.S.'s age at vaccination. Petitioners did not pursue a Table Injury claim and instead pursued a causation-in-fact claim. Respondent's Rule 4 report noted an SCN1A gene mutation in M.S. Petitioners did not offer a competent medical opinion to support their claim that the vaccine actually caused the injury, and the medical records did not support the claim. Special Master Christian J. Moran dismissed the case for insufficient proof, citing the lack of evidence for a Table Injury and the absence of a medical opinion supporting actual causation. The public decision does not detail the alleged mechanism of injury or name any medical experts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00347-0
Date issued/filed: 2014-09-19
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 04/29/2014) regarding 31 DECISION of Special Master. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00347-UNJ Document 38 Filed 09/19/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINA SCHNIEGENBERG and *
GREG SCHNIEGENBERG, legal *
representatives of a minor child, *
M.S., * No. 13-347V
* Special Master
* Christian J. Moran
Petitioners, *
*
v. *
* Filed: April 29, 2014
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * DTaP; Seizure Disorder;
* SCN1A gene mutation;
Respondent. * Ruling on the Record
* * * * * * * * * * * * * * * * * * * * * * * * *
Martin James Martinez, Napa, CA, for petitioner;
Althea Walker Davis, United States Dep’t of Justice, Washington, DC, for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION 1
Christina and Greg Schniegenberg, filed a petition as legal representatives of
a minor child, M.S., under the National Childhood Vaccine Injury Act, 42 U.S.C.
§300a-10 through 34 (2006), on May 21, 2013. Their petition alleged that M.S.
experienced adverse reactions to the pertussis component of the diphtheria and
tetanus toxoids and acellular pertussis vaccine (“DTaP”). Petitioners allege that
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the
parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00347-UNJ Document 38 Filed 09/19/14 Page 2 of 3
DTaP induced generalized tonic seizures and the development of a seizure
disorder. However, the evidence fails to support an award for petitioners.
I. Procedural History
After filing the petition on May 21, 2013, petitioners subsequently submitted
medical records. Exhibits 1-15. On December 13, 2013, petitioners filed a
statement of completion. On January 13, 2014, respondent indicated that the
record was sufficiently complete for her to prepare a Rule 4 report.
On January 23, 2014, petitioners filed a status report in which they
expressed their intent to file an amended petition to add a Table encephalopathy
claim. However, petitioners filed a status report on February 10, 2014, declining to
amend their petition.
Respondent’s Rule 4 report was filed on February 14, 2014, indicating that
the petitioners’ medical records revealed M.S. had an SCN1A gene mutation.
Resp’t’s Rep’t at 8. During a status conference held on February 18, 2014, the
undersigned informed petitioners that, in light of recent decisions from the Federal
Circuit concerning alleged vaccine-caused injuries and SCN1A gene mutations,
they may lack a reasonable basis to proceed in this case.
Correspondingly, on April 7, 2014, petitioners moved for the court to rule on
the record a ruling on the record. Petitioners did not cite any evidence supporting
their claim. Respondent did not file any response in writing, relying presumably
on her Rule 4 report. Accordingly, this case is now ready for adjudication.
II. Analysis
To receive compensation under the National Vaccine Injury Compensation
Program (hereinafter “the Program”), petitioner must prove either 1) that M.S.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to her vaccination, or 2) that she suffered an injury that was actually
caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An
examination of the record did not uncover any evidence that M.S. suffered a
“Table Injury.” Thus, she is necessarily pursuing a causation-in-fact claim.
Under the Act, a petitioner may not be given a Program award based solely
on the petitioner’s claims alone. Rather, the petition must be supported by either
medical records or by the opinion of a competent physician. § 300aa-13(a)(1). In
2

Case 1:13-vv-00347-UNJ Document 38 Filed 09/19/14 Page 3 of 3
this case, because the medical records do not support petitioners’ claim, a medical
opinion must be offered in support. Petitioners, however, offered no such opinion.
Accordingly, it is clear from the record in this case that petitioners failed to
demonstrate either that M.S. suffered a “Table Injury” or that her injuries were
“actually caused” by a vaccination. Thus, this case is dismissed for insufficient
proof. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
IT IS SO ORDERED.
S/Christian J. Moran
Christian J. Moran
Special Master
3