Amy Lynne Ware v. HHS - DPT, seizures (1993)

Petitioner Amy Lynne Ware filed a claim pro se on September 26, 1990, under the National Childhood Vaccine Injury Act of 1986, alleging that her daughter, Amy Lynne Ware, suffered compensable adverse reactions in the form of seizures following diphtheria-pertussis-tetanus (DPT) vaccinations. The petitioner stated that Amy received DPT vaccinations on July 6, August 20, and October 11, 1976.

The medical record indicated that the onset of Amy's seizures occurred in late September 1976, approximately one month after the August 20 vaccination and three weeks before the October 11 vaccination. Initially, Chief Special Master Gary J.

Golkiewicz notified the petitioner that her petition lacked required documents, including a medical opinion with a factual basis. Petitioner later retained counsel and submitted reports from Dr.

David B. Sperry.

Special Master Paul T. Baird found these reports deficient, stating they did not address the medical record or provide a scientific basis for concluding that the August 20, 1976 DPT vaccination caused Amy's neurological problems within three days.

The court, presided over by Judge Moody R. Tidwell III, affirmed the dismissal on July 30, 1993.

The court held that the record did not support a claim under the Vaccine Injury Table because the first symptoms appeared weeks after the relevant vaccination, outside the three-day period specified for DPT. Furthermore, the court found that the petitioner had not established an off-Table causation theory, as Dr.

Sperry's opinion relied on temporal association, contradicted the medical record regarding the onset of symptoms, and failed to provide a reliable scientific explanation. No compensation was awarded.