Kristen McClendon v. HHS - DPT, encephalopathy, seizure disorder, mental retardation, impaired development (1992)

Kristen McClendon, a minor, received a DPT vaccination on October 21, 1982. Her parents, James and Elizabeth M.

McClendon, alleged that she suffered an encephalopathy and seizure within 72 hours of the vaccination, leading to a residual seizure disorder, mental retardation, and impaired development. Initially, Special Master Paul T.

Baird denied compensation, finding that the petitioners failed to establish presumed or actual causation. This court reversed that decision on May 21, 1991, remanding for further consideration due to the special master's failure to make all required findings of fact and conclusions of law, and because the decision was issued before the Federal Circuit's opinion in Bunting v.

Secretary of Health and Human Services. The special master issued a second decision on July 3, 1991, again denying compensation on the merits.

This court reversed that decision on September 25, 1991, finding it arbitrary, capricious, and contrary to law, and remanded solely for a determination of entitlement to damages. On September 8, 1992, the special master found justification for private schooling and speech therapy due to Kristen's "peculiar needs with respect to sleep." The respondent filed a motion for review, arguing that the Individuals With Disabilities Education Act (IDEA) made the state primarily liable for these educational services and that the Vaccine Act should only be a secondary source of compensation.

The petitioners argued that the IDEA did not cover Kristen's specific needs. The court reviewed the special master's decision under a highly deferential standard, affirming the award.

The court found that the special master reasonably interpreted Section 300aa-15(g) of the Vaccine Act to place the burden on the respondent to prove that a state compensation program could meet Kristen's unique needs, and that the respondent failed to meet this burden. The court determined that Kristen's sleep-related issues were physiological and not squarely within the scope of the IDEA.

The award included $3,000 annually for private school tuition and $3,750 annually for speech therapy, to continue through age 22. The court affirmed the special master's award, finding it was not arbitrary, capricious, or an abuse of discretion, and was in accordance with the law.

The court noted that the respondent failed to provide sufficient evidence to demonstrate that Mississippi's public education system could meet Kristen's peculiar needs.