V.W. v. HHS - DTaP, encephalopathy (2014)

Timothy Woody and Carmen Verdugo Woody, as parents and natural guardians of V.W., an infant, filed a petition on May 30, 2013, alleging that a diphtheria-tetanus-acellular pertussis (DTaP) vaccine administered on April 6, 2012, caused their son to suffer encephalopathy. V.W. was born in February 2009 and had no significant health issues prior to this vaccination.

His mother reported fussiness and excessive sleepiness in the days following the vaccination. However, medical records from subsequent visits did not corroborate these complaints, with doctors finding V.W. to be normal.

The petition alleged V.W. suffered an encephalopathy, and the parents sought compensation based on an on-Table injury. The decision noted that sleepiness and fussiness are excluded symptoms for acute encephalopathy under the Table's definitions.

The Special Master found that the medical records did not establish entitlement for either an on-Table or an off-Table injury, as there was no medical opinion and the records did not satisfy the Althen criteria for causation-in-fact. The petitioners did not request a hearing and instead proposed a resolution based upon written submissions.

The Special Master, Christian J. Moran, denied the petition for compensation on November 20, 2014, finding that the petitioners had not established that V.W. suffered either an on-Table injury or an off-Table injury caused-in-fact by the DTaP vaccine.

Subsequently, on January 7, 2015, Special Master Christian J. Moran awarded attorneys' fees and costs in the amount of $14,654.36, noting that the petition was brought in good faith and had a reasonable basis, despite the denial of compensation.

Mark T. Sadaka represented the petitioners, and Ryan D.

Pyles represented the respondent.