E.A. v. HHS - Varicella, seizure disorder, cerebral injury, Major Neurocognitive Disorder, athetosis, chorea, and/or neurologic, psychiatric, and physical impairments (2024)

On June 30, 2016, E.A., a 16-year-old female, filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that a varicella vaccination administered on July 2, 2013, caused or aggravated seizure disorder, cerebral injury, Major Neurocognitive Disorder, athetosis, chorea, and/or neurologic, psychiatric, and physical impairments.

The petitioner was represented by counsel at the time of filing, but counsel later withdrew. The petitioner, proceeding pro se with the assistance of her mother, faced numerous procedural delays due to personal and family hardships.

The respondent filed a Motion to Dismiss on March 4, 2020, arguing that the petitioner failed to prove causation-in-fact. The petitioner's mother, who is a registered nurse, provided much of the medical history and evidence, and also submitted her own "expert opinion." The Special Master reviewed extensive medical records detailing the petitioner's complex pre-vaccination history, which included learning disabilities, attention deficits, sensory processing issues, and possible developmental delays.

Following the vaccination, the petitioner experienced various symptoms, including tremors, behavioral changes, and alleged seizures. Multiple medical providers evaluated the petitioner.

Some noted potential links to the vaccine based on timing, while others identified alternative explanations or found no definitive evidence of vaccine causation. The Special Master considered expert reports from both sides, including opinions from Dr.

Juan Lacayo and Dr. Lawrence McKean for the petitioner, and Dr.

Max Wiznitzer for the respondent. Dr.

Wiznitzer concluded that there was no evidence the vaccine caused or aggravated any of the petitioner's conditions and that many alleged injuries were not supported by objective medical records or were pre-existing. The Special Master found that the petitioner failed to establish a defined and recognized injury caused by the vaccine and did not meet the three prongs of the Althen test for off-Table claims, specifically lacking a reputable medical theory, a logical sequence of cause and effect, and a proximate temporal relationship.

Consequently, the petition was dismissed. Petitioner counsel was E.A. pro se, respondent counsel was Alexis B.

Babcock, and Special Master was Mindy Michaels Roth.