Ebonie Weaver v. HHS - DTaP, seizure disorder and significant worsening of preexisting developmental delays (2025)

On November 14, 2016, Ebonie Weaver, on behalf of her minor daughter T.M., filed a petition alleging that vaccines administered on December 10, 2013, caused T.M. to develop a seizure disorder and significantly worsen her preexisting developmental delays. T.M. was nine months old at the time of vaccination and had shown developmental concerns prior to the shots.

Within 24 hours of vaccination, T.M. experienced a complex febrile seizure. The initial decision by Chief Special Master Brian H.

Corcoran denied entitlement, finding insufficient evidence that the initial seizure caused T.M.'s subsequent chronic seizure disorder or significantly aggravated her developmental delays. This decision was appealed, and the U.S.

Court of Federal Claims reversed, finding that the Chief Special Master had improperly elevated the burden of proof by requiring contemporaneous medical screening evidence of brain injury. The court determined that T.M.'s regression and the opinions of her treating physicians provided sufficient evidence of a vaccine-induced brain injury.

The case was remanded, and entitlement was ultimately granted for both the seizure disorder and the significant aggravation of developmental delays. Following the grant of entitlement, a damages award was issued on May 27, 2025.

The final decision awarded T.M. a total of $1,626,851.05, comprising a lump sum of $1,537,438.76 for life care expenses in the first year after judgment, lost future earnings, and pain and suffering, a lump sum of $89,412.29 for a Medicaid lien, and an amount sufficient to purchase an annuity for ongoing care. Petitioner was represented by Edward Kraus of Kraus Law Group, LLC, and Respondent was represented by Meghan R.

Murphy of the U.S. Department of Justice.

Attorney's fees and costs were awarded separately.