Diane C. Lett v. HHS - DPT/DTP, residual seizure disorder (1997)

Diane C. Lett, born November 15, 1968, received a Diphtheria-Pertussis-Tetanus (DPT) vaccination on June 9, 1970.

Her parents filed a petition for vaccine compensation alleging that Diane suffered a residual seizure disorder caused by this vaccination. The petition asserted that Diane experienced her first seizure the day after the vaccination, characterized by violent screaming, legs drawn to her chest, and hands clutching her chest, followed by jerking movements of her arms and legs.

They claimed this episode led to an emergency room visit where she was diagnosed with a bronchial attack. The parents further alleged that Diane suffered at least two more seizures within one year of the vaccination, unaccompanied by fever or with a fever less than 102 degrees Fahrenheit.

The petition included medical records, some of which were unavailable, and affidavits from the petitioners. The available medical records did not contain any mention of seizures.

The petitioners sought to corroborate their claims with the opinion of Dr. Mark R.

Geier, a specialist in obstetrical genetics, who concluded that Diane suffered from residual seizure disorder caused by the vaccine, with the first seizure occurring within three days of vaccination. However, Dr.

Geier's opinion was based solely on the allegations made by the petitioners. Another expert, Dr.

Marcel Kinsbourne, a pediatric neurologist, reviewed the records and affidavits and found no events that could be interpreted as seizures according to the Vaccine Injury Table or his medical knowledge. The Special Master, E.

LaVon French, issued a decision on June 6, 1997, dismissing the petition. The Special Master found that the petitioners failed to submit corroborating evidence of an injury as required by the Vaccine Act, specifically Section 300aa-13(a)(1), which prohibits compensation based solely on a petitioner's claims unsubstantiated by medical records or medical opinion.

The Special Master concluded that Dr. Geier's opinion, resting entirely on the petitioners' statements, did not constitute sufficient corroboration.

The court, in an opinion by Judge Turner, affirmed the Special Master's decision on October 27, 1997. The court agreed that the lack of independent medical records or medical opinion substantiating the claim of seizures was fatal to the petition.

The court noted that the petitioners had not provided any corroborating evidence that Diane ever suffered a seizure. The court affirmed the dismissal, and judgment was entered in favor of the respondent, with each party to bear its own costs.

The public decision does not describe the specific symptoms, diagnostic tests, or treatments for the alleged residual seizure disorder beyond the petitioners' description of the initial episode and the general diagnosis of mental retardation at 42 months of age. The decision also does not detail the specific dollar breakdowns or annuity terms as the petition was dismissed.