E.K. v. HHS - MMR, fever, roseola, grand mal seizures, and epilepsy (2016)

On October 16, 2014, James and Krista Kuntzelman, individually and as parents and natural guardians of E.K., a minor, filed a petition under the National Childhood Vaccine Injury Act. They alleged that the measles, mumps, rubella (MMR) vaccine and the varicella vaccine, administered on October 21, 2011, caused their daughter E.K. to develop a fever of 103.8 degrees, roseola, grand mal seizures, and epilepsy.

The petition stated that the onset of fever with seizure occurred 29 days after vaccination. Medical records from E.K.'s pediatrician, Dr.

Lisa Champoux-Rhoden, dated November 18, 2011, indicated that E.K. had a fever of 103.4 degrees rectally, was unable to lift her arms, and had a fine macular rash on her torso, leading to a diagnosis of roseola. However, during a telephonic status conference on April 21, 2016, petitioners' counsel informed the Special Master that E.K.'s pediatrician, Dr.

Champoux-Rhoden, and her pediatric neurologist, Dr. Ena Andrews, would not support the petitioners' allegations.

Consequently, on April 28, 2016, petitioners' counsel advised his clients to move for dismissal, stating that without supporting opinions from E.K.'s treating doctors, and given the presence of roseola and the 29-day interval since vaccination, he did not believe the petitioners could prevail. The petitioners consented to the motion to dismiss.

Special Master Laura D. Millman granted the petitioners' oral motion for a decision dismissing their petition, finding that they failed to establish a prima facie case of causation in fact.

The case was dismissed on April 28, 2016. The public decision does not describe the specific symptoms of the grand mal seizures or epilepsy, nor does it detail the treatments received for these conditions.

The decision also does not name the attorneys for the respondent.