Daniele Strawmyre Butler v. HHS - DTaP, infantile spasms (or West Syndrome) and developmental delay (2017)

On December 7, 2016, Daniele Strawmyre Butler filed a petition on behalf of her minor child, C.B., alleging that a DTaP vaccination received on December 9, 2013, caused infantile spasms (West Syndrome) and developmental delay. The respondent, the Secretary of Health and Human Services, filed a report indicating the claim was not appropriate for compensation.

After reviewing the medical records and the respondent's report, Special Master Brian H. Corcoran noted concerns about the claim's viability, specifically that the medical records did not appear to support a finding that the alleged reaction occurred sooner than four to five weeks post-vaccination.

The Special Master also informed the petitioner of other Vaccine Program decisions that had rejected her proposed causation theory. Following these discussions, the petitioner filed a motion to dismiss the petition, recognizing the difficulty in meeting the burden of proof and wishing to conserve the Vaccine Program's resources.

The Special Master found insufficient evidence in the record to establish a Table Injury or that the DTaP vaccination caused or significantly aggravated C.B.'s alleged injury. The public decision does not describe the specific onset of symptoms, diagnostic tests performed, or treatments received.

Consequently, the case was dismissed for insufficient proof.