Breia Weiland v. HHS - DTaP, movement disorder and alleged seizures (2025)
Case summary [AI summaries can sometimes make mistakes]
On April 30, 2024, Breia Weiland filed a petition on behalf of minor child B.W., alleging injury after DTaP, hepatitis B, and Hib vaccinations administered on September 7, 2023. The public dismissal decision describes the claimed condition as seizures or an ill-defined movement disorder but does not provide a detailed medical chronology.
Respondent argued that the record did not establish that B.W. had a seizure disorder, did not show six-month residual effects, and did not satisfy any Althen causation requirement. After changes in counsel and time to evaluate the record, petitioner moved to dismiss the case, stating that the available evidence and science would not support entitlement.
On September 15, 2025, Special Master Thomas L. Moran dismissed the petition with prejudice for insufficient proof.
No compensation was awarded. B.W. was represented by Nathan Marchese at dismissal.
Theory of causation
DTaP, hepatitis B, and Hib vaccines, September 7, 2023, minor B.W., exact age not stated in the public dismissal decision, alleged movement disorder/seizures. DISMISSED at petitioner's request after counsel concluded the available facts and science could not prove entitlement. Respondent argued no seizure disorder was established, the condition was an ill-defined movement disorder, six-month sequelae were not shown, and no Althen prong was met. No expert report supported causation. Award: none. Attorney Nathan Marchese.
Source PDFs
USCOURTS-cofc-1_24-vv-00689