B.F. v. HHS - DTaP, complex febrile seizures and epilepsy (2020)

On December 4, 2015, Andrea Fuller, on behalf of her minor child B.F., filed a petition under the National Vaccine Injury Compensation Program. Petitioner alleged that a DTaP vaccine administered on March 12, 2014, caused B.F. to suffer complex febrile seizures and develop epilepsy.

Petitioner further alleged that an MMR vaccine received on September 18, 2014, significantly aggravated B.F.'s condition. B.F. was approximately nine months old at the time of the first vaccination.

The respondent argued against compensation, stating the case was not appropriate under the Act. The petitioner presented expert testimony from Dr.

Marcel Kinsbourne, who opined that the DTaP vaccine triggered B.F.'s initial seizure through pro-inflammatory cytokine release and that the seizure itself contributed to the development of epilepsy, following the principle that 'seizures beget seizures.' Dr. Kinsbourne also argued the MMR vaccine aggravated the condition.

The respondent presented expert testimony from Dr. Gregory Holmes and Dr.

Hayley Gans, who argued that B.F.'s RSV infection was the more likely cause of the initial seizure and that there was no evidence linking the vaccines to epilepsy or aggravation. The Special Master, Nora Beth Dorsey, found that the petitioner provided preponderant evidence that the DTaP vaccine administered on March 12, 2014, was a substantial factor in causing B.F.'s complex febrile seizures and epilepsy, satisfying the Althen prongs for causation.

The Special Master determined that B.F.'s first seizure on March 15, 2014, three days after vaccination, was a complex febrile seizure, and that this seizure contributed to the development of epilepsy. Entitlement to compensation was granted, with damages to be determined in a separate order.

Petitioner was represented by Curtis R. Webb, and respondent was represented by Adriana R.

Teitel.