Kristen Silverio v. HHS - Varicella, intractable epilepsy (2023)

On March 6, 2015, Kristen Silverio filed a petition on behalf of her minor child, G.L., alleging that G.L. suffered an adverse reaction to varicella and pneumococcal conjugate vaccinations received on April 16, 2012. G.L., who was approximately one year old at the time, developed a fever and experienced a complex febrile seizure the day after vaccination.

This was followed by subsequent seizures, including episodes of status epilepticus, and ultimately a diagnosis of intractable epilepsy. Petitioner argued that the vaccinations caused a fever that triggered the initial seizures, leading to a propensity for further seizures and the development of epilepsy.

The respondent contended that G.L. had a pre-existing brain abnormality or that an infection caused the initial seizure, and that febrile seizures cannot cause frontal lobe epilepsy. After reviewing expert testimony and medical literature, Special Master Mindy Michaels Roth found that the petitioner presented sufficient evidence to establish a reputable medical theory connecting the vaccinations to the injury, a logical sequence of cause and effect, and a proximate temporal relationship.

The court concluded that the vaccinations were a substantial factor in G.L.'s development of complex febrile seizures and subsequent intractable epilepsy. The case was therefore entitled to compensation and proceeded to damages.

Petitioner was represented by Andrew D. Downing, Esq., and respondent was represented by Daniel A.

Principato, Esq. The decision was issued on November 14, 2019.