Chance Kevin Ankenbauer v. HHS - diphtheria-pertussis-tetanus (DPT), alleged DPT Table encephalopathy and residual seizure disorder (1994)

On September 18, 1990, Diane Ankenbauer filed a petition under the National Vaccine Injury Compensation Program on behalf of her minor son, Chance Kevin Ankenbauer. Chance, born on September 23, 1984, received his first diphtheria-pertussis-tetanus (DPT) vaccination on November 27, 1984.

Petitioner alleged that Chance suffered an encephalopathy and residual seizure disorder within three days of this vaccination, pursuing the claim as a Vaccine Table injury. The core of the dispute was the timing of Chance's seizure symptoms.

Petitioner described an episode the day after vaccination where Chance appeared frightened, with a stiffened and arched back while feeding. Several fact witnesses, including a co-worker, a sitter, Chance's physician Dr.

John A. Curtis, and petitioner's mother, testified at a hearing.

Petitioner also submitted affidavits from a friend and her medical expert, Dr. Marcel Kinsbourne, who opined that the close temporal relationship between the DPT vaccination and the alleged same-day onset of episodes supported vaccine causation for Chance's residual seizure disorder and psychomotor impairment.

Respondent, the Secretary of Health and Human Services, presented the opinion of Dr. Arnold Gale, a pediatric neurologist, who concluded that the medical records did not show an acute encephalopathy or seizures within seventy-two hours of the DPT vaccine, nor did they show that Chance's epilepsy was vaccine-caused.

Dr. Gale also noted the difficulty in reconciling the petitioner's account of nearly daily seizures with the absence of documentation by Chance's pediatrician during that period.

Contemporaneous medical records presented a different timeline. An admission record from January 19, 1985, stated that Chance was hospitalized for episodes of looking to the right with an unblinking stare and movements of his right arm and leg while in a trance-like state.

The history of present illness in this record indicated the problem was first noticed in December, with two episodes within a two-week period, another episode the night before admission, and continuing episodes that day. A May 24, 1985, report by pediatric neurologist Dr.

Mary Anne Gugenheim stated that Chance had occasional grand mal and partial complex seizures that first occurred in January 1985. A later record by Dr.

R. Kirby Reed on October 5, 1988, stated that Chance began having seizures in November 1984, which was significantly later than the vaccination date.

Special Master Elizabeth E. Wright denied compensation on April 11, 1994.

She found that petitioner had not proven by a preponderance of the evidence that Chance suffered an encephalopathy or seizure disorder within the three-day Table period ending November 30, 1984. She determined that because the earliest and most proximate medical records placed seizure onset after the Table window, persuasive testimony was required to explain any omissions or inconsistencies in those records, and concluded that such testimony was not provided.

Petitioner sought review in the Court of Federal Claims, arguing the special master applied too demanding a standard and improperly weighed the evidence. On July 22, 1994, Judge Lawrence S.

Margolis affirmed the denial. The court held that the special master applied the correct legal standard, permissibly gave greater weight to contemporaneous medical records than to later conflicting testimony, and did not act arbitrarily or capriciously in finding that petitioner failed to establish a Table injury.

No compensation was awarded.