Wendy Nelson v. HHS - MMRV, non-epileptic seizures, tonic-clonic seizures, general seizures, anaphylaxis, encephalopathy, anoxic brain injury, hypoxic brain injury, and depression allegedly following MMRV vaccine (2020)
Case summary [AI summaries can sometimes make mistakes]
On April 3, 2019, Wendy Nelson, as the parent and natural guardian of an infant identified as I.N., filed a petition with the National Vaccine Injury Compensation Program. The petition alleged that I.N. received the measles-mumps-rubella-varicella (MMRV) vaccine on April 6, 2016, and subsequently suffered from non-epileptic seizures, tonic-clonic seizures, general seizures, anaphylaxis, encephalopathy, anoxic brain injury, hypoxic brain injury, and depression.
The public decision does not specify I.N.'s exact age at the time of vaccination, nor does it detail the vaccination visit, the date of the first symptom, any emergency medical care received, or the results of neurological or allergy evaluations, including EEG or imaging studies. Furthermore, the decision does not describe any treatments administered or present any expert opinions regarding the alleged injuries or their causation.
The Special Master's decision noted that the information contained within the record did not demonstrate entitlement to compensation under the Program. On June 15, 2020, the petitioner filed a motion to dismiss her case.
In this motion, she stated that she did not wish to provide further proof and believed she could not provide evidence that would meet the Vaccine Program's standards for entitlement. She further argued that continuing the proceedings would be unreasonable and could waste the resources of the court, the respondent, and the Vaccine Program.
The petitioner acknowledged that a dismissal would result in a judgment against her and would terminate her rights under the Vaccine Act, but she also stated her intention to preserve her right to file a civil action by rejecting the Vaccine Program judgment. On June 16, 2020, Special Master Nora Beth Dorsey reviewed the record, found the petitioner not entitled to compensation, and dismissed the case.
No compensation was awarded. The petitioner was represented by Bruce W.
Slane of the Law Office of Bruce W. Slane, P.C., and the respondent was represented by Alexis B.
Babcock of the United States Department of Justice.
Theory of causation
MMRV vaccine administered April 6, 2016, to infant I.N., alleged to have caused non-epileptic seizures, tonic-clonic seizures, general seizures, anaphylaxis, encephalopathy, anoxic brain injury, hypoxic brain injury, and depression. The case was dismissed on the petitioner's motion, with no compensation awarded. The public decision does not provide the infant's exact age or date of birth, the onset date of symptoms, a clinical timeline, details of emergency or hospital care, EEG, imaging, or laboratory findings, names of treating physicians or experts, or a biological mechanism for the alleged injuries. Petitioner stated she could not provide evidence meeting the Vaccine Program's entitlement standards. Special Master Nora Beth Dorsey found the record did not satisfy the threshold statutory requirements under 42 U.S.C. § 300aa-11(c)(1)(D)(i). The decision was issued on June 16, 2020. Petitioner's attorney was Bruce W. Slane of the Law Office of Bruce W. Slane, P.C.; respondent's attorney was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_19-vv-00494