Elizabeth Teter v. HHS - DTaP, epilepsy, seizures, developmental regression and delay, and hypotonia (2019)

On October 25, 2018, Elizabeth Teter filed a petition on behalf of her minor daughter, S.T., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that S.T. suffered from epilepsy, seizures, developmental regression and delay, and hypotonia as a result of diphtheria, tetanus, and pertussis (DTaP), Haemophilus influenzae type B (Hib), inactivated polio vaccine (IPV), Pneumococcal-13, and Rotavirus vaccinations administered on November 24, 2014.

Numerous medical records were filed by the Petitioner. The Respondent filed a report on June 25, 2018, stating the case was not appropriate for compensation and should be dismissed.

The Special Master issued a scheduling order requiring Petitioner to file an expert report by August 24, 2018, and later granted an extension. However, on October 24, 2018, Petitioner filed a motion to voluntarily dismiss the case, indicating an inability to secure evidence to prove entitlement to compensation.

The Respondent did not oppose this motion. To receive compensation, Petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine, supported by medical records or expert opinion.

The Special Master noted that there was insufficient evidence in the record for Petitioner to meet her burden of proof. Consequently, the case was dismissed for insufficient proof.

The decision was issued by Special Master Katherine E. Oler on February 12, 2019.

Petitioner's counsel was William Cochran, Jr. of Black McLaren Jones Ryland & Griffe, P.C., and Respondent's counsel was Claudia Gangi of the U.S. Department of Justice.