A.E.S. v. HHS - DTaP, post-vaccinal encephalopathy and death (2025)

On December 15, 2015, Abigail and Daniel Sims filed a petition under the National Vaccine Injury Compensation Program on behalf of their deceased infant daughter, A.E.S. A.E.S. was eleven weeks old on December 16, 2013, when she received the Pediarix (DTaP/IPV/hepatitis B), Haemophilus influenzae type b (Hib), Prevnar 13 (PCV13), and RotaTeq vaccines.

Petitioners alleged that these vaccinations caused A.E.S. to suffer a Table encephalopathy leading to her death, or alternatively, an off-Table encephalopathy, pulmonary edema, visceral congestion, and death. A.E.S. was described as a healthy, breastfed infant who was alert and engaged.

On the day of vaccination, she received the shots at approximately 11:00 AM. Petitioners reported that in the afternoon, A.E.S. became unusually quiet, tired, fussy, and exhibited a distant gaze without normal eye contact.

She also fed less and seemed to be seeking comfort rather than nourishment. Later that evening, between approximately 5:45 PM and 6:15 PM, Mr.

Sims found A.E.S. in her bassinet, pale, with blue lips, and struggling to breathe, positioned with her head extended back. Despite resuscitation efforts at Baptist Memorial Hospital, A.E.S. was pronounced dead at approximately 7:15 PM, about eight hours after her vaccinations.

The autopsy classified the cause of death as undetermined, but noted findings consistent with Sudden Unexplained Infant Death (SUID). The autopsy also revealed an abnormally heavy brain (595 grams, exceeding the expected range of 461-555 grams) with cerebral edema, as well as pulmonary edema and visceral congestion.

There was no evidence of trauma or infection. Petitioners presented expert testimony from Dr.

Robert Shuman, a pediatric neurologist, who opined that the vaccinations caused an encephalopathy with cerebral edema and axial herniation leading to death. He linked A.E.S.'s altered behavior, poor feeding, and abnormal gaze to this condition.

Petitioners also presented Dr. M.

Eric Gershwin, an immunologist, who supported an off-Table inflammatory theory involving vaccine-triggered immune activation and cytokine-mediated injury. Respondent relied on expert testimony from Dr.

Christine McCusker, a pediatric immunologist, and Dr. Brent Harris, a neuropathologist.

Respondent argued that the evidence was consistent with SUID, that epidemiological studies did not link vaccines to SIDS, and that the parents' later descriptions of A.E.S.'s condition were not credible. Dr.

Harris agreed the brain was heavy and edematous but disputed that the autopsy proved vaccine-related encephalopathy. Dr.

McCusker suggested Long QT syndrome as a possible explanation, though no genetic testing supported this. On March 7, 2024, Special Master Mindy Michaels Roth found Petitioners entitled to compensation, crediting the parents' testimony and Dr.

Shuman's opinion. She concluded A.E.S. suffered a DTaP Table encephalopathy within 72 hours of vaccination, leading to her death.

She also found entitlement on the off-Table theory, noting that Respondent had not proven an alternative cause. On January 8, 2025, Special Master Roth awarded damages.

She awarded the statutory $250,000 death benefit and $50,000 for pain and suffering, totaling $300,000. The Special Master reasoned that while A.E.S. experienced distress, her awareness was limited due to her age, and her suffering lasted hours.

Respondent sought review. On June 25, 2025, Judge Carolyn N.

Lerner sustained the Special Master's decision. The court found the Special Master properly applied the Table-encephalopathy standard, reasonably credited the parents' testimony and Dr.

Shuman's opinion, and reasonably concluded A.E.S.'s death was a sequela of the encephalopathy. The court also found Respondent had not shown an alternative cause.

The total award of $300,000 was upheld. Petitioners were represented by Michael G.

McLaren of Black McLaren Jones Ryland & Griffee, P.C.