Madeline A. Gamaehe v. HHS - DPT, encephalopathy and a residual seizure disorder (1993)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner alleged that a DPT vaccination administered on October 10, 1980, to four-month-old Kristy Lyn Gamache caused encephalopathy and a residual seizure disorder, either "on-Table" within three days of vaccination or by causation-in-fact. Petitioner's expert, Dr. Paul A. Carpentier (family practice), testified that the DPT vaccine caused Kristy's conditions and that the first manifestations occurred within three days, classifying periods of relaxation between screaming as "atypical absence seizures." Respondent's expert, Dr. Max Wiznitzer (pediatric neurology), opined that Kristy's symptoms during the three days post-vaccination were a common, intense local and systemic reaction to DPT, and that her neurological condition was prenatal in origin. The special master credited Dr. Wiznitzer, finding that Kristy's high-pitched screaming and inconsolable crying were explainable as a reaction to injection site pain, not encephalopathy, and that the first documented seizure occurred in February 1982, sixteen months after vaccination, thus not meeting the "on-Table" onset requirement. The special master also found Dr. Carpentier's causation-in-fact testimony lacked a reliable medical or scientific basis. Judge Andewelt affirmed the dismissal on January 22, 1993, finding the special master's conclusions rational and supported by the record. No compensation was awarded.
Source PDFs
USCOURTS-cofc-1_90-vv-02545