A.H.P. v. HHS - DTaP, Table encephalopathy; Autism Spectrum Disorder; Acute and Chronic Encephalopathy (2017)

Candace M. Thompson and Stephen E.

Powell, parents of A.H.P., a minor, filed a petition on May 16, 2017, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that the Diphtheria Tetanus acellular Pertussis (DTaP), Haemophilus influenza B (Hib), inactivated Polio (IPV), pneumococcal conjugate (PCV), and rotavirus vaccines, received by A.H.P. on December 11, 2012, caused him to develop a "Table encephalopathy." Alternatively, they alleged that the DTaP vaccine caused an acute and chronic encephalopathy leading to Autism Spectrum Disorder (ASD).

A.H.P. was approximately four months old at the time of vaccination. Following the vaccination, A.H.P. became fussy and irritable with a fever, leading to an ER visit where he was diagnosed with an acute febrile illness and Influenza B.

Medical records indicated no change in consciousness lasting 24 hours, and he was discharged home. Petitioners alleged that A.H.P. experienced developmental problems, but the first documented evidence of this was eight months after vaccination, at his 12-month well-baby exam, which noted concerns for speech delay.

Subsequent evaluations confirmed a severe mixed receptive and expressive language delay and met criteria for ASD. The respondent filed a motion to dismiss, arguing that the evidence did not support a Table encephalopathy due to the lack of a 24-hour decrease in consciousness and the absence of a chronic encephalopathy lasting over six months.

Respondent also argued that the eight-month gap between vaccination and the first documented developmental issues was too long to establish causation for a non-Table claim, and that A.H.P.'s underlying chromosomal deletion was a more likely cause of his developmental issues. Special Master Brian H.

Corcoran agreed, finding that the medical records did not support a Table encephalopathy or a medically appropriate timeframe for a non-Table claim. The Special Master concluded that the petitioners failed to meet their burden of proof for both Table and non-Table claims, noting the case was factually similar to numerous other unsuccessful claims alleging vaccine-caused autism.

The case was dismissed. Phyllis Widman of Widman Law Firm, LLC represented the Petitioners, and Camille Collett of the U.S.

Department of Justice represented the Respondent.