Kristen Thomas v. HHS - DPT/DTP, encephalopathy and shock-collapse, central auditory processing dysfunction, deficient sensory motor integration functioning, and attention deficit disorder (1992)

Kristen Thomas, a minor child, received a diphtheria-pertussis-tetanus vaccination on October 27, 1988. Following the vaccination, she suffered an encephalopathy and shock-collapse, resulting in neurological impairments including central auditory processing dysfunction, deficient sensory motor integration functioning, and attention deficit disorder.

The Special Master initially awarded compensation for special education assistance. The Respondent appealed, contending that compensation should not be awarded for services that could be provided under the Individuals With Disabilities Education Act (IDEA).

The court remanded the case for Kristen to pursue IDEA benefits. Following an evaluation, Kristen was determined to be learning disabled, and an Individual Education Plan (IEP) was proposed, which included minimal monitoring services.

The Special Master reaffirmed her original award, finding the IEP services to be token and insufficient to address Kristen's underlying neurological deficits. The court affirmed the Special Master's decision, holding that the IDEA and the Vaccine Act serve different purposes and that compensation under the Vaccine Act is appropriate for educational needs not addressed by an IEP.

The court also ruled that claimants are not required to exhaust the IDEA's administrative review process before seeking Vaccine Act compensation. The Special Master's decision awarding compensation for special educational needs was affirmed.

The public decision does not describe the petitioner counsel, respondent counsel, or the specific award amount or annuity terms.