Truong Nguyen v. HHS - DTaP, seizures with resulting sequelae including right-sided weakness and vision loss in the right eye (2015)

On July 11, 2014, Truong Nguyen filed a petition on behalf of his minor son, T.A.N., alleging that a diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), Hepatitis B, haemophilus influenzae type b, rotavirus, and/or a pneumococcal conjugate vaccine administered on August 19, 2011, caused T.A.N. to suffer seizures with resulting sequelae, including right-sided weakness and vision loss in the right eye. The initial petition lacked required medical records, which were later submitted.

The respondent argued that the petitioner failed to demonstrate entitlement to compensation, either as a Table injury or through causation-in-fact. Petitioner's expert, Dr.

Ryan J. Felling, concluded that aside from the temporal association with the vaccines, there was no additional evidence to support a causal relationship.

Consequently, the petitioner moved for a decision on the record, stating the case had ceased to have a reasonable basis to proceed. Special Master Christian J.

Moran denied compensation due to insufficient proof of causation, finding that the petitioner failed to prove either a "Table Injury" or that the injuries were "actually caused" by a vaccination. The public decision does not describe the onset or specific symptoms of the seizures, nor does it detail any medical treatments received by T.A.N.

The respondent was represented by Ryan Daniel Pyles of the United States Department of Justice. Petitioner's counsel was Anne C.

Toale of Maglio Christopher and Toale. Subsequently, on October 26, 2015, Special Master Christian J.

Moran awarded attorneys' fees and costs totaling $14,504.89, finding that the petitioner's counsel acted in good faith and had a reasonable basis for proceeding with the claim, even though compensation was ultimately denied. The award was a lump sum made payable to the petitioner and petitioner's attorney, Anne Toale.