Bernadette Skorupska v. HHS - Hib, infantile spasms and related seizures and neurodevelopmental impairments, as well as a significant aggravation of his “developmental problems characterized by motor difficulties and hypotonia.” (2026)
Case summary [AI summaries can sometimes make mistakes]
On November 15, 2016, Bernadette Skorupska filed a petition on behalf of her minor child, N.S., alleging that a Haemophilus influenzae type b (Hib) vaccination administered on November 16, 2013 caused infantile spasms, seizures, neurodevelopmental impairments, and significant aggravation of preexisting developmental problems marked by motor difficulties and hypotonia. N.S. was about eight months old at vaccination.
N.S. had pre-vaccination developmental concerns. After vaccination, the asserted vaccine-related course included spasms beginning at least four days later and later genetic testing showing an SCN2A mutation.
Petitioner's experts, including Dr. Georges Ghacibeh and Dr.
Mahbubul Huq, argued that vaccination caused harmful inflammation that triggered epilepsy and severe developmental regression, and that the SCN2A mutation would otherwise have caused a milder picture. Respondent, relying on Dr.
Gerald Raymond and literature concerning SCN2A-related epileptic encephalopathy, argued that the genetic mutation alone explained the neurologic course. Special Master Christian J.
Moran denied compensation. He found no persuasive evidence of the harmful post-vaccination inflammation central to petitioner's theory, found that the SCN2A mutation preponderantly explained the infantile spasms and developmental problems, and held that the timing proof was insufficient.
The decision also treated the genetic condition as an alternative cause. No injury compensation was awarded.
Source PDFs
USCOURTS-cofc-1_16-vv-01517