Patricia Ann Piper v. HHS - DPT, hypotonic-hyporesponsive collapse (1993)

On September 27, 1990, Leona Piper filed a petition under the National Vaccine Injury Compensation Program on behalf of her deceased daughter, Patricia Ann Piper, who was born on August 23, 1944. Petitioner alleged that Patricia received a diphtheria-pertussis-tetanus (DPT) vaccination on February 21, 1945, at a military clinic in Klamath Falls, Oregon, while her father was stationed there with the Marines.

According to the petition, Patricia suffered a hypotonic-hyporesponsive collapse following the vaccination and died the next morning, February 22, 1945. Petitioner sought compensation for Patricia's death, alleging it was a sequela of the vaccine injury.

Special Master John Edwards held a hearing on December 15, 1992. Leona Piper, Rose Coffey (Mrs.

Piper's sister-in-law), and James Darman (a family friend) testified for the petitioner. Dr.

Les Breitman testified for the petitioner, and Dr. Arnold Gale testified for the respondent, the Secretary of Health and Human Services.

The Special Master denied entitlement on March 31, 1993, finding that the petitioner had not proven by a preponderance of the evidence that Patricia received a DPT vaccination on February 21, 1945. The Special Master found the lay testimony unreliable and insufficient to establish the vaccination, especially given the absence of contemporaneous medical records and the contrary evidence on Patricia's death certificate.

Patricia's death certificate listed accidental suffocation by aspiration of food as the cause of death. The available records were sparse, including only Patricia's birth certificate, pregnancy and birth records, and death certificate.

Records of the alleged vaccination, the military clinic, and the Oregon Medical Examiner were not available. The Special Master noted that Mrs.

Piper could not recall many details about the dates of the vaccination or death, and the testimony of Mrs. Coffey and Mr.

Darman was also found to be dubious and unsupportive of the claim. On review, the United States Court of Federal Claims, Judge Horn presiding, affirmed the Special Master's decision on September 23, 1993.

The court found that the Special Master had properly applied the preponderance of the evidence standard and had not committed reversible error. The court agreed that the petitioner failed to establish the threshold fact of vaccination by a preponderance of the evidence.

The court noted that while the absence of records was not due to petitioner's lack of diligence, the Vaccine Act prohibits awards based solely on a petitioner's claims unsubstantiated by medical records or opinion. Because the foundational element of vaccine administration was not proven, the court did not award vaccine-injury compensation.

Petitioner's motion to set aside the Special Master's decision was denied.