Valeria Hernandez v. HHS - DTaP, seizures leading to epilepsy (2023)

Filed 2017-01-30Decided 2023-12-15Vaccine DTaP
deniedcognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

On January 30, 2017, Valeria Hernandez filed a petition on behalf of her minor daughter, S.H., alleging that vaccinations administered on May 22, 2015, caused seizures leading to epilepsy. S.H., born on January 19, 2015, received her four-month vaccines: Pediarix (containing diphtheria-tetanus-acellular pertussis, hepatitis B, and inactivated polio vaccine), Haemophilus influenzae type b (Hib), pneumococcal conjugate vaccine (Prevnar 13), and rotavirus vaccine.

S.H. had a history of a minor heart murmur and ventricular septal defect but was otherwise healthy. She had received the first doses of these vaccines at her two-month visit without incident.

Following her four-month vaccinations on May 22, 2015, S.H. reportedly experienced a seizure characterized by lip smacking, upward eye rolling, and arm and leg jerking. A second seizure-like event occurred shortly thereafter.

She was taken to an emergency department, where initial CT and laboratory tests were unremarkable. She was transferred to Kaiser Permanente Hospital, where a treating physician, Dr.

Christopher Chinnici, believed the seizures were vaccine-provoked, and neurologist Dr. Shelley Bose discussed vaccine-provoked seizures with the family.

S.H. was discharged on May 23, 2015, without further events. On May 26, 2015, S.H. experienced two more events described as eye deviation, lip smacking, and arm shaking upon waking.

She had no fever or lethargy, and her physical examination was normal. A 24-hour EEG showed no seizure activity.

Dr. Fuqua noted that these spells might or might not be seizures, as S.H. was not sleepy afterward.

S.H. was diagnosed with absence epilepsy. On May 28, 2015, she had another reported generalized tonic-clonic seizure, and phenobarbital treatment was initiated.

No further seizures were reported after May 28, 2015. Later EEG testing was normal.

In June 2015, Dr. Mi-Kyung Lee noted that the seizures persisted beyond 72 hours, initially attributed to vaccination.

Dr. Dean Sarco later suggested it was unclear if the seizures were vaccine-caused or due to mild epilepsy, suspecting an inherent increased seizure risk and recommending continued phenobarbital.

Genetic testing was normal. S.H. was weaned off phenobarbital in 2016, and later records did not indicate seizure-related developmental delay.

Petitioner's expert, pediatric neurologist Dr. Marcel Kinsbourne, focused on the DTaP component of Pediarix.

He proposed a cytokine-driven inflammatory response that lowered S.H.'s seizure threshold, causing afebrile seizures. He cited the close timing to vaccination, literature on post-vaccination seizures, and the concept that seizures can promote further seizures through inflammation.

Respondent's experts, pediatric neurologist Dr. Gregory Holmes and immunologist/pathologist Dr.

Herman Staats, contested these claims. Dr.

Holmes questioned whether the events were epileptic seizures, citing normal EEGs and lack of corroborating tests, and stated there was no evidence vaccines cause afebrile seizures without fever or susceptibility. Dr.

Staats argued that the proposed IL-1 beta/cytokine mechanism was biologically implausible for a one-hour onset, as vaccine-induced cytokine responses typically peak later. Special Master Daniel T.

Horner found that S.H. met the six-month severity requirement due to her extended phenobarbital treatment, indicating a medical judgment of ongoing vulnerability. However, he denied entitlement, finding that the petitioner failed all three prongs of the Althen test for causation-in-fact.

He found Dr. Kinsbourne's theory for afebrile seizures without genetic susceptibility or fever insufficiently reliable.

He also found the case-specific proof relied too heavily on temporal association and that the one-hour onset was medically incompatible with the proposed mechanism. The petition was dismissed on December 15, 2023, with no compensation awarded.

Petitioner's counsel was Curtis R. Webb, and respondent's counsel was Alexa Roggenkamp.

Theory of causation

Petitioner alleged that Pediarix (DTaP-hepatitis B-IPV), Hib, Prevnar 13, and rotavirus vaccines administered on May 22, 2015, to four-month-old S.H. caused afebrile seizures leading to epilepsy. Petitioner's expert, Dr. Marcel Kinsbourne (pediatric neurology), proposed a cytokine-mediated inflammatory response, primarily from the DTaP component, lowering the seizure threshold. He cited the close temporal proximity (onset within one hour), post-vaccination seizure literature, IL-1 beta/cytokine inflammation, and a seizure-begets-seizure mechanism. Respondent's experts, Dr. Gregory Holmes (pediatric neurology) and Dr. Herman Staats (immunology/pathology), disputed causation, citing normal CT/EEG/lab results, absence of fever, normal genetic testing, lack of known susceptibility (e.g., Dravet syndrome), and the implausibility of the proposed mechanism within the one-hour timeframe. Special Master Daniel T. Horner found the six-month severity requirement met due to phenobarbital treatment but denied entitlement, concluding that petitioner failed all three Althen prongs. Specifically, the Special Master found Dr. Kinsbourne's theory for afebrile seizures without fever or genetic susceptibility unreliable, the case-specific proof overly reliant on temporal association, and the one-hour onset incompatible with the proposed cytokine mechanism. The decision was filed on December 15, 2023. Attorneys involved were Curtis R. Webb for the petitioner and Alexa Roggenkamp for the respondent. No award was made.

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