Mandy Bangerter v. HHS - DTaP, infantile spasms (2022)

On October 13, 2015, Mandy Bangerter, as parent and next friend of D.B., a minor, filed a petition under the National Childhood Vaccine Injury Act. The petition alleged that D.B. suffered infantile spasms following receipt of multiple childhood vaccinations on February 14, 2014.

D.B., who was born with Down syndrome, received the DTaP, Hepatitis B, IPV, Hib, Pneumococcal Conjugate 13-Valent, and Rotavirus vaccines. Petitioner alleged that D.B. experienced seizure activity starting three days after vaccination, diagnosed as infantile spasms.

Medical records indicated D.B. had a history of developmental delays and feeding issues prior to vaccination, consistent with his Down syndrome. Following treatment with ACTH, D.B.'s infantile spasms resolved within six months of vaccination, and his developmental progress returned to or exceeded his prior baseline.

Petitioner's experts, Dr. Karen Harum and Dr.

Marcel Kinsbourne, argued that the DTaP vaccine caused the infantile spasms, either directly or indirectly through a partial seizure, and that D.B. suffered residual effects beyond six months. Respondent's expert, Dr.

Gregory Holmes, countered that the available scientific literature does not support a causal link between the DTaP vaccine and infantile spasms, and that D.B.'s developmental delays were consistent with his Down syndrome and not vaccine-related. Dr.

Holmes also argued that D.B. did not suffer residual effects for more than six months. Special Master Daniel T.

Horner found that petitioner failed to establish a causal link between the vaccination and the infantile spasms under the Althen standard. The Special Master also found that petitioner failed to prove that D.B. suffered residual effects or complications for more than six months, as required by the Vaccine Act.

Therefore, the petition was denied. Petitioner was represented by Richard Gage, and respondent was represented by Julia Marter Collison.