P.L. v. HHS - DTaP, encephalopathy and seizure disorder (2021)

Ashley Ball, on behalf of her minor child P.L., filed a petition on April 6, 2018, alleging that childhood vaccinations received on various dates in 2015 caused P.L. to suffer encephalopathy and seizure disorder. P.L. received the diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B (Hep B), inactivated poliovirus (IPV), Hemophilus influenzae type B (Hib), pneumococcal conjugate, and rotavirus vaccines on March 13, 2015, May 20, 2015, and August 4, 2015.

The petition claimed these vaccinations caused encephalopathy and seizure disorder. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report recommending against compensation, arguing that the petitioner had not established a Table injury nor a causation-in-fact claim.

The public decision does not describe the specific onset of symptoms or the petitioner's counsel's specific arguments beyond the respondent's position. The Special Master noted that the medical records did not indicate an onset of acute encephalopathy within 72 hours of vaccination, nor did they show P.L. suffered any altered consciousness.

Medical records from treating physicians indicated P.L. was active and alert following vaccinations. The Special Master found that the medical records alone were insufficient to support a causation-in-fact claim, and the petitioner had not filed any expert medical opinion.

Despite multiple extensions and an Order to Show Cause, the petitioner failed to provide the necessary information for an expert report and failed to prosecute the case. Petitioner's counsel made numerous attempts to contact the petitioner to obtain the necessary information, but the petitioner was unresponsive.

Consequently, the case was dismissed on March 4, 2021, by Special Master Daniel T. Horner for failure to prosecute and insufficient proof.

The public decision does not specify any award amounts or annuity terms. The attorneys involved were Mark Sadaka for the petitioner and Lara Ann Englund for the respondent.