I.D. v. HHS - DTaP, significant neurological deficits (2017)

On October 17, 2013, Jessica and Ryan Dean, on behalf of their minor child I.D., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that I.D. developed "significant neurological deficits" as a result of receiving the Diphtheria-Tetanus-acellular Pertussis (DTaP) and Haemophilus Influenzae Type b (Hib) vaccines on February 24, 2011.

I.D. was approximately five months old at the time of vaccination. The petition stated that I.D. experienced an immediate reaction including screaming, fever, and projectile vomiting, followed by lethargy and later abnormal movements.

However, contemporaneous medical records did not document these immediate reactions or significant neurological issues. Records from April 2011 noted concerns about hand flapping, and a pediatric neurologist diagnosed benign stereotypies of childhood.

I.D. later received speech and occupational therapy for feeding issues and speech delay. Petitioners presented expert testimony from Dr.

David Axelrod and Dr. Harvey Cantor, who proposed a theory that the vaccines could cause cytokine upregulation, leading to blood-brain barrier disruption and subsequent neurological injury.

Respondent presented expert testimony from Dr. Lawrence Brown, a pediatric neurologist, who opined that the medical records did not support a vaccine-induced encephalopathy or other immediate injury.

The Special Master, Brian H. Corcoran, found that Petitioners failed to establish a reliable causation theory and that the contemporaneous medical records did not support the alleged immediate vaccine reaction or subsequent neurological injury.

The court gave more weight to the treating neurologist's diagnosis of benign stereotypies and the normal EEG results. Ultimately, the Special Master concluded that it was not more likely than not that I.D.'s developmental problems were related to the vaccinations and denied the petition.

The decision was issued on June 9, 2017.