Madeline A. Gamaehe v. HHS - DPT/DTP, encephalopathy and a residual seizure disorder (1993)

Madeline A. Gamache, on behalf of her daughter Kristy Lyn Gamache, filed a petition under the National Childhood Vaccine Injury Act of 1986 on October 10, 1980, seeking compensation for injuries allegedly caused by a Diphtheria-Pertussis-Tetanus (DPT) vaccination administered to Kristy when she was four months old.

The petition presented three alternative theories: that Kristy suffered an "on-Table" encephalopathy, an "on-Table" residual seizure disorder, or that the DPT vaccine caused these conditions in fact. Respondent did not dispute that Kristy later developed encephalopathy and a residual seizure disorder; the dispute centered on the timing of the first symptoms and whether the DPT vaccine caused them.

A hearing was held on March 30, 1992, before a special master, who issued a decision on July 16, 1992, dismissing the petition. The special master found that the petitioner failed to prove an "on-Table" onset of Kristy's medical conditions within the statutory three-day period and also failed to prove causation in fact.

This court, on January 22, 1993, affirmed the special master's dismissal. The public text does not name petitioner's counsel or respondent's counsel.

The special master's decision was affirmed by Judge Andewelt. No award was made.