Hanna Dwornikoski v. HHS - DTaP, seizure disorder (2016)

John and Debra Dwornikoski filed a petition on June 20, 2013, on behalf of their daughter, Hanna Dwornikoski. They alleged that Hanna suffered a seizure disorder as a result of the Diphtheria-Tetanus-acellular-Pertussis (DTaP), Haemophilus influenza (Hib), and Prevnar vaccinations she received on June 23, 2010.

The respondent was the Secretary of Health and Human Services. The Special Master noted that the Dwornikoskis were proceeding pro se, and the respondent was represented by Lisa A.

Watts of the United States Department of Justice. The court issued an order to show cause on May 5, 2016, instructing the Dwornikoskis to demonstrate why the case should not be dismissed for failure to prosecute, with a response due by July 5, 2016.

The Dwornikoskis did not respond to this order. To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" (an injury listed in the Vaccine Injury Table) or that the vaccine "actually caused" the injury.

The record did not show evidence of a "Table Injury." The Dwornikoskis were pursuing a causation-in-fact claim. The petition must be supported by medical records or a competent physician's opinion.

While an expert report by Dr. Huq, filed in August 2014, suggested that Hanna's second DTaP/Hib and Prevnar vaccination may have caused her seizures through toxic, inflammatory, or immune factors, subsequent medical records revealed genetic mutations associated with infantile-onset epileptic encephalopathy.

The petitioners requested 45 days to submit a supplemental report from Dr. Huq, but no such report was ever filed.

Special Master Christian J. Moran found that the petitioners failed to demonstrate entitlement to an award because they did not prove a "Table Injury," that the vaccinations "actually caused" Hanna's seizure disorder, or that the vaccinations "significantly aggravated" her seizure disorder.

The case was dismissed for failure to prosecute and insufficient proof. Judgment was to be entered accordingly.

The decision was issued by Special Master Christian J. Moran on July 15, 2016.