{"package_id":"USCOURTS-cofc-1_14-vv-01108","decision_granule_id":"USCOURTS-cofc-1_14-vv-01108-1","petitioner_identifier":"T.F.","is_minor":1,"age_at_vaccination":0.17,"age_unit_raw":"years (62 days; DOB in source)","vaccine_type":"Pentacel (DTaP/IPV/Hib), Prevnar 13, hepatitis B","vaccination_date":"2012-11-29","condition_raw":"acute illness; alleged DTaP Table acute encephalopathy; death/SIDS","condition_category":"encephalitis_encephalopathy","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2020-01-21","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:35:30.461178+00:00","number_of_concurrent_vaccines":4,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Petitioner alleged that Pentacel (DTaP/IPV/Hib), Prevnar 13, and hepatitis B vaccines administered on November 29, 2012, to T.F. (born September 28, 2012, age approx. 62 days) caused an acute illness, DTaP Table acute encephalopathy, and death/SIDS on December 1, 2012. The case was DISMISSED with no award. The primary theory was DTaP Table encephalopathy within 24 hours of vaccination, and a secondary theory was causation-in-fact for death. Key facts presented included post-vaccination sleepiness, warmth/fever treated with Tylenol, facial puffiness, a high-pitched scream, and cold hands. Medical and police records indicated T.F. was feeding well and acting normally or appearing in good health, with some interaction and smiling before sleep. He was found pale and blue-lipped around 8:30 a.m. on December 1, and CPR was attempted before hospital arrival, where he was pulseless and apneic. Petitioner's expert was Dr. Douglas Miller; respondent presented opposing expert reports and literature. Special Master Mindy Michaels Roth dismissed the DTaP Table claim on March 7, 2017, finding the symptoms did not meet the criteria for significantly decreased consciousness for at least 24 hours. The petition was finally dismissed on January 21, 2020, after the Boatmon decision, due to insufficient proof of a Table injury or causation-in-fact. Petitioner's attorney was Edward Kraus of the Law Offices of Chicago Kent; respondent's attorneys included Adriana Teitel and Lynn Schlie.","is_death":1,"date_of_death":"2012-12-01","petition_filed_date":"2014-11-13","case_summary":"On November 13, 2014, Suzanne Fuhri filed a petition on behalf of the estate of her minor child, T.F., under the National Vaccine Injury Compensation Program. T.F. was born on September 28, 2012. On November 29, 2012, at a two-month well-baby visit, T.F. received the Pentacel vaccine (which includes diphtheria-tetanus-acellular pertussis (DTaP), inactivated polio (IPV), and Haemophilus influenzae type b (Hib)), along with Prevnar 13 and hepatitis B vaccines. Ms. Fuhri alleged that T.F. suffered an acute illness following these vaccinations, that he met the Vaccine Injury Table definition of acute encephalopathy after the DTaP vaccine, and that the vaccines caused his death on December 1, 2012. The petition was initially handled by Special Master Dorsey and later reassigned to Special Master Mindy Michaels Roth. \n\nThe medical record indicated that T.F.'s mother had a complicated pregnancy. T.F. required phototherapy for hyperbilirubinemia after birth and received a hepatitis B vaccine before discharge. He did not have a one-month well-baby visit. At the two-month visit, he was noted as a well baby, and his mother was advised to give him Tylenol if needed and to change his sleeping position due to slight left occipital flattening. \n\nMs. Fuhri testified that after the vaccinations, T.F. slept a lot, which she attributed to a normal reaction. That evening, he seemed warm and uncomfortable and received Tylenol. The next day, he continued to sleep excessively and did not wake for feedings. Ms. Fuhri noticed puffiness in his face and he emitted a high-pitched scream during a diaper change, but she did not call the doctor, believing these symptoms were expected post-vaccination side effects. Other family members provided accounts that were overlapping but not identical. Joseph Fic recalled T.F. sleeping most of November 30, seeming tired and less attentive, but smiling a little. Brian Fic, Jr. recalled playing with T.F. around midnight, noting he smiled but seemed less attentive. Other family members reported seeing T.F. in good health on November 30. \n\nEmergency and police records were reviewed. The ambulance record stated T.F. was last seen awake and crying at 5:00 a.m. on December 1. The emergency room physician noted Ms. Fuhri last saw T.F. alive around 3:00 a.m. on December 1, that he had a slight fever after recent immunizations, but was otherwise acting normally and feeding well. The police report indicated Ms. Fuhri went to bed around 3:00 a.m. with T.F. already asleep in her bed and fine. Brian Fic, Sr. saw T.F. sleeping around 5:00 a.m. and noted nothing unusual. Around 8:30 a.m. on December 1, Ms. Fuhri found T.F. pale with blue lips. CPR was attempted, and T.F. was taken to the hospital pulseless and apneic. \n\nPetitioner initially pursued a Table encephalopathy theory, with Dr. Douglas Miller as the expert. Respondent filed opposing expert reports and medical literature. Following a fact hearing on October 19, 2016, Special Master Roth issued a partial entitlement ruling on March 7, 2017. She found that the record did not demonstrate the significantly decreased level of consciousness required for a DTaP Table encephalopathy in a child under eighteen months old, as sleepiness, fussiness, and crying were insufficient under the Table's qualifications and aids to interpretation. The Table encephalopathy claim was dismissed, but the causation-in-fact claim remained pending. \n\nOn January 21, 2020, following the Federal Circuit's decision in Boatmon v. Secretary of Health & Human Services, Ms. Fuhri moved for a dismissal decision. Special Master Roth dismissed the petition for insufficient proof, stating the record did not establish a Table injury and lacked persuasive evidence that T.F.'s death was vaccine-caused. No compensation was awarded. Petitioner was represented by Edward Kraus of the Law Offices of Chicago Kent. Respondent was represented by Adriana Teitel and later Lynn Schlie.","is_minor_inferred":0,"is_pediatric_broad":1,"special_master":"Mindy Michaels Roth","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Edward Kraus","petitioner_attorney_firm":"Law Offices of Chicago Kent","petitioner_attorney_location":"Chicago, IL","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|edward-kraus|","firm_canonical_key":"law-offices-of-chicago-kent","package_title":"FUHRI v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01108","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01108.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01108.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_14-vv-01108-0","title":"FUHRI v. 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(km) Service on parties made.","date_issued":"2020-02-18","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_14-vv-01108/granules/USCOURTS-cofc-1_14-vv-01108-1/pdf","pdf_bytes":198416,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_14-vv-01108/USCOURTS-cofc-1_14-vv-01108-1"},{"granule_id":"USCOURTS-cofc-1_14-vv-01108-2","title":"FUHRI v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 10/08/2020 ) regarding 109 DECISION of Special Master - Fees Signed by Special Master Mindy Michaels Roth. (nh) Service on parties made.","date_issued":"2020-11-10","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}