V.W. v. HHS - DTaP, encephalopathy (2014)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioners Timothy Woody and Carmen Verdugo Woody alleged that a DTaP vaccine administered on April 6, 2012, to their son V.W. (born February 2009) caused encephalopathy. They sought compensation under the Vaccine Injury Compensation Program, pursuing both an on-Table and an off-Table injury claim. The on-Table claim was based on the assertion of fussiness and excessive sleepiness following vaccination. However, the Special Master found that under the Table's Qualifications and Aids to Interpretation, sleepiness and fussiness are excluded symptoms for acute encephalopathy, thus failing to meet the definition of an on-Table injury. For the off-Table claim, the petitioners were required to establish causation-in-fact under the Althen criteria, which involves a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship. The petitioners did not submit an expert medical opinion and relied solely on medical records. The medical records consistently showed that while the mother reported vaccine reactions, multiple doctors found V.W. to be normal and did not corroborate the alleged symptoms. The Special Master concluded that the medical records did not satisfy the Althen criteria for causation-in-fact. Consequently, the petition for compensation was denied on November 20, 2014. Attorneys' fees and costs totaling $14,654.36 were awarded on January 7, 2015, as the petition was deemed to have been brought in good faith with a reasonable basis. Mark T. Sadaka represented the petitioners, and Ryan D. Pyles represented the respondent. Special Master Christian J. Moran presided over the case.
Source PDFs
USCOURTS-cofc-1_13-vv-00366