Odaine Tomlinson v. HHS - Hepatitis B, status epilepticus, a seizure disorder, encephalopathy, encephalitis, anaphylaxis (Type III hypersensitivity) and vasovagal syncope (2019)

Odaine Tomlinson filed a petition on April 26, 2019, on behalf of his minor child, C.T., alleging that a Hepatitis B vaccine administered on December 17, 2013, caused status epilepticus, a seizure disorder, encephalopathy, encephalitis, anaphylaxis, and vasovagal syncope. C.T. was vaccinated on the day of her birth.

The first documented seizure occurred on January 3, 2019, over five years after the vaccination. The petitioner also mentioned a possible seizure two years prior, but no medical records supported this.

The petitioner, acting pro se, argued that the vaccine was the cause as no other cause was identified and other children in the family had not been vaccinated. During a status conference, the Special Master explained the Vaccine Program, the burden of proof, the distinction between Table and off-Table claims, and the requirement for medical evidence and a proximate temporal relationship.

The decision noted that the five-year gap between vaccination and the first documented seizure was too long to establish a proximate temporal relationship, especially for an off-Table claim. The court also considered the possibility of genetic causes for seizure disorders, noting a family history of seizure disorders in the maternal great-grandmother and aunt.

The public decision does not describe the specific symptoms, medical tests, or treatments for C.T.'s condition beyond the initial seizure and hospitalization. The Special Master found insufficient proof to establish entitlement, as no medical records or competent physician's opinion linked the vaccine to the seizure disorder, and the temporal relationship was not proximate.

Consequently, the petition was dismissed for insufficient proof. Petitioner counsel was Odaine Tomlinson, acting pro se.

Respondent counsel was Heather L. Pearlman.

Special Master was Thomas L. Gowen.