MWS v. HHS - DTaP, acute encephalopathy, seizure disorder, ataxia, apraxia, dysarthria, autism-like symptoms, developmental regression and delay, and other neurological conditions (2016)

On September 13, 2013, Donna and Brian Smith, parents of a minor child identified as MWS, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. They alleged that Diphtheria, Tetanus, Pertussis (DTap), Haemophilus Influenzae Type B (Hib), Inactivated Polio (IPV), and Pneumococcal Conjugate (PCV) vaccinations administered on September 17, 2010, and Hepatitis A (Hep A) and seasonal influenza (Flu) vaccinations administered on December 17, 2010, caused MWS to suffer from an acute encephalopathy.

The alleged resulting symptoms included a seizure disorder, ataxia, apraxia, dysarthria, autism-like symptoms, developmental regression and delay, and other neurological conditions. Petitioners also alternatively alleged that the September 17, 2010 vaccinations caused MWS to develop cerebral folate deficiency, an autoimmune injury, or aggravated a pre-existing condition, such as a metabolic disorder or mild speech delay, leading to marked developmental regression.

After an investigation, the petitioners concluded they could not prove entitlement to compensation and filed a motion to dismiss their own petition on March 9, 2016. Special Master Lisa Hamilton-Fieldman noted that to receive compensation, a petitioner must prove either a "Table Injury" corresponding to a vaccination or that an injury was actually caused by a vaccine.

The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence indicating that MWS's injuries were caused by the vaccinations. The Special Master found the medical records insufficient to establish entitlement and that no medical opinion had been offered in support.

Consequently, the petition was dismissed for insufficient proof on March 9, 2016.