A.M. v. HHS - MMRV, Table Encephalopathy (2019)
Case summary [AI summaries can sometimes make mistakes]
On April 25, 2018, Breeann Miller, on behalf of her minor child A.M., filed a petition alleging that the measles, mumps, rubella and varicella (MMRV) vaccine administered on May 27, 2015, and the diphtheria, tetanus, and pertussis (DTAP) vaccine administered on May 29, 2015, caused A.M. to suffer vaccine-induced seizures and encephalopathy. A.M. was 18 months old at the time of the MMRV vaccination.
The petition claimed A.M. met the criteria for Table Encephalopathy. The respondent contested entitlement, arguing that the medical records did not establish that A.M. suffered an encephalopathy.
Following a fact hearing, Special Master Thomas L. Gowen found that A.M. met the criteria for Table Encephalopathy.
The evidence showed that A.M. received the MMRV vaccine on May 27, 2015, and suffered her first seizure six days later, on June 3, 2015, which was within the Table's five-to-fifteen-day window. A second seizure occurred on June 4, 2015.
The medical records and testimony from A.M.'s parents, Breeann Miller and Elisha Miller, and a family friend, Randy Barboa, indicated that A.M. experienced a significantly decreased level of consciousness, characterized by lethargy and obtundation, for at least 24 hours following her seizures. This condition persisted for more than six months, meeting the criteria for chronic encephalopathy.
Dr. William Barkman, the attending physician during A.M.'s hospitalization from June 4 to June 6, 2015, noted that A.M. remained "somewhat lethargic and even obtunded at times" and that it took approximately 36 hours for her to become more alert.
The Special Master found this notation, combined with the lay testimony, established a significantly decreased level of consciousness for at least a 24-hour period. The Special Master concluded that A.M. suffered an acute encephalopathy and chronic encephalopathy, entitling her to compensation.
A separate damages order was to be issued. Petitioner was represented by Mark T.
Sadaka of Mark T. Sadaka, LLC, and respondent was represented by Ashley M.
Simpson of the Department of Justice.
Theory of causation
Petitioner alleged that the MMRV vaccine administered on May 27, 2015, caused A.M., then 18 months old, to suffer Table Encephalopathy. Petitioner claimed A.M. experienced a seizure within the Table's 5-15 day window (first seizure on June 3, 2015, six days post-vaccination) and subsequently exhibited a significantly decreased level of consciousness for at least 24 hours, followed by chronic encephalopathy persisting for over six months. The respondent contested that A.M. suffered an encephalopathy. Special Master Thomas L. Gowen found that the medical records and testimony from A.M.'s parents and a family friend established that A.M. met the criteria for acute encephalopathy, characterized by lethargy and obtundation for at least 24 hours, and chronic encephalopathy. Petitioner was represented by Mark T. Sadaka, and respondent by Ashley M. Simpson. Entitlement was granted, pending a damages order.
Source PDFs
USCOURTS-cofc-1_18-vv-00587