E.H. v. HHS - DTaP, seizure disorder and developmental delays (2017)

George Hendrickson, as parent and next friend of E.H., a minor, filed a claim on July 31, 2015, alleging that a diphtheria-tetanus-acellular pertussis (DTaP) vaccination administered to E.H. on October 23, 2012, caused or significantly aggravated E.H.'s seizure disorder and developmental delays. The respondent, the Secretary of Health and Human Services, contended that the petitioner had not demonstrated entitlement to compensation through medical records, expert opinion, or medical literature.

The respondent argued that E.H. exhibited seizure activity prior to the DTaP vaccination, that post-vaccination seizures were not significantly different from pre-vaccination seizures, and that E.H. possessed an SCN1A gene mutation causally associated with such seizure conditions. The Special Master, Thomas L.

Gowen, reviewed the case. The medical records indicated that E.H. experienced seizures before the vaccination, with the first seizure following vaccination occurring approximately 15 days afterward, which is outside the typical 3-day window for DTaP-related seizures.

The Special Master also noted that E.H. has an SCN1A gene mutation, which is associated with various epilepsy phenotypes and developmental disability, although the petitioner's expert neurologist contended this mutation did not cause E.H.'s specific seizures. The petitioner's counsel was granted multiple extensions to file additional expert reports, a VAERS report, or other supporting evidence.

However, the petitioner repeatedly failed to meet deadlines and did not respond to an order to show cause. Consequently, Special Master Gowen dismissed the case for insufficient proof and failure to prosecute.

The public decision does not describe the specific onset of symptoms, diagnostic tests performed, or treatments received by E.H. The petitioner was represented by Richard Gage of Richard Gage P.C., and the respondent was represented by Ryan Pyles of the United States Department of Justice.