B.T. v. HHS - MMR, encephalitis (2025)

S. and T. Taguacta, as legal representatives of their minor son B.T., filed a petition alleging B.T. suffered a Table encephalitis after receiving an MMR vaccine on April 8, 2019.

Petitioners claimed B.T. experienced gait abnormalities and speech regression within days of vaccination, leading to a diagnosis of encephalitis and chronic encephalopathy. Respondent argued the claim should be dismissed, contending that the elements of a Table encephalitis were not met and that the case was a 'veiled autism case.' The court found that while B.T. likely experienced acute encephalitis within the Table timeframe (ataxia appearing 14 days post-vaccination), the record did not establish that this condition persisted for at least six months to qualify as a chronic encephalopathy.

The court noted that medical records from May to January 2020 did not corroborate claims of ongoing ataxia or speech regression, and that B.T. was later diagnosed with Autism Spectrum Disorder (ASD). Consequently, the Table encephalitis claim was dismissed.

The court granted Petitioners an opportunity to articulate a causation-in-fact claim based on the existing evidence, while noting skepticism about its likelihood of success, particularly given the ASD diagnosis and the general difficulty in proving vaccine causation for ASD. The case was dismissed as a Table claim, with Petitioners ordered to show cause why the causation-in-fact claim should not also be dismissed.