Z.D. v. HHS - Influenza, seizure disorder (2024)
Case summary [AI summaries can sometimes make mistakes]
On January 5, 2015, William and Nicole Davis filed a petition on behalf of their minor son, Z.D., alleging that DTaP, IPV, Hib, and flu vaccinations administered on January 12, 2012, caused Z.D. to develop a seizure disorder. The petition alleged that Z.D. suffered a vaccine-induced prolonged febrile seizure resulting in neurological damage and a seizure disorder.
Petitioners argued that the initial seizure was non-convulsive status epilepticus (NCSE), which they contended led to Z.D.'s subsequent seizure disorder and speech delays. Respondent argued that Z.D. suffered a simple febrile seizure, which is not associated with long-term neurological damage or epilepsy.
The Special Master, Mindy Michaels Roth, reviewed the medical records and expert testimony. Petitioners' expert, Dr.
Marcel Kinsbourne, opined that Z.D.'s initial seizure was NCSE, a variant of status epilepticus, and that this prolonged seizure lowered Z.D.'s seizure threshold, leading to epilepsy and associated developmental issues. Respondent's expert, Dr.
John Zempel, agreed with Z.D.'s treating physicians that the initial event was a simple febrile seizure, which is typically benign and does not cause long-term neurological damage or epilepsy. Dr.
Zempel stated that there is no evidence that simple febrile seizures cause long-term neurological dysfunction or epilepsy. The Special Master found that the contemporaneous medical records, which described the event as a brief, tonic-clonic seizure associated with fever, were more persuasive than later testimony and affidavits.
The Special Master concluded that Z.D. suffered a simple febrile seizure within 24 hours of vaccination, which is a common occurrence in children and not typically associated with long-term neurological damage or epilepsy. The Special Master found that petitioners failed to establish a reputable medical theory or a logical sequence of cause and effect linking the vaccinations to Z.D.'s seizure disorder and speech apraxia, failing to meet the requirements of the Althen test for off-Table injuries.
Therefore, the petition was denied.