Deborah Tebault v. HHS - DTaP, encephalopathy, language and other developmental impairments, and physical symptoms such as chronic constipation (2016)

Deborah Tebault filed a petition on October 27, 2016, on behalf of her minor child, J.T., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the Diphtheria-Tetanus-acellular Pertussis (DTaP) and Hepatitis A vaccines administered to J.T. on April 19, 2013, precipitated an encephalopathy, leading to language and other developmental impairments, as well as physical symptoms such as chronic constipation.

The Special Master, Brian H. Corcoran, noted that the petitioner's claim of autism-related injuries was disputed, but allowed for the possibility of encephalopathy causing language deficiencies.

Respondent argued that J.T. had never been diagnosed with a seizure or encephalopathic reaction to his vaccinations and that other causal factors might be involved. After reviewing the filings and medical records, and holding status conferences, Special Master Corcoran found insufficient evidence to support the claim that J.T. suffered a Table Injury or that the alleged injury was caused or aggravated by the vaccines.

The petitioner subsequently filed a motion on October 26, 2016, requesting a decision dismissing her claim, stating she did not believe she could meet her burden of proof and wished to preserve her right to file a civil action. Respondent did not object.

The public decision does not describe the specific onset of symptoms, diagnostic tests performed, treatments received, or the names of any medical experts. Consequently, the case was dismissed for insufficient proof, and judgment was entered accordingly.

The petitioner elected to reject the Vaccine Program judgment to file a civil action.