Kristy M. Henkel v. HHS - DPT, seizures / tuberous sclerosis significant-aggravation claim (1998)

Charles and Kathryn Henkel filed a petition on October 1, 1990, on behalf of their daughter, Kristy M. Henkel, seeking compensation under the National Childhood Vaccine Injury Act of 1986.

Kristy was born on May 7, 1980. She received her first Diphtheria-Pertussis-Tetanus (DPT) vaccination on July 10, 1980, at approximately two months of age, after which she was fussy and cried frequently.

Her second DPT vaccination was administered on September 9, 1980, at approximately four months of age. Following the second vaccination, Kristy experienced prolonged periods of inconsolable screaming, feeding difficulties, and episodes characterized by arching, straightening, and eye-rolling.

Kristy's pediatrician, Dr. William Kappes, expressed concern about potential seizure activity.

An EEG performed on October 7, 1980, revealed epileptogenic discharges, and Kristy's mother reported a history of colic, feeding problems, and irritability. A neurologist diagnosed Kristy with tuberous sclerosis (TS) on November 6, 1980.

Later medical records indicated slow neurological development, allergic reactions to medications, continued crying spells, and the cessation of seizures by January 1982. The petitioners alleged that the second DPT vaccination aggravated Kristy's pre-existing tuberous sclerosis and that her seizures began within the three-day period specified by the Vaccine Act's Table for presumed causation.

The case was part of broader litigation concerning tuberous sclerosis and vaccination. Special Master Laura D.

Millman presided over omnibus hearings to determine if TS was a factor unrelated to vaccination. Subsequently, in Kristy's individual case, Special Master Millman held a hearing focused on whether her seizures began within the three-day Table period following vaccination.

On August 31, 1998, the Special Master denied compensation, finding that the petitioners had not proven seizure onset within the Table time. This decision was based on contemporaneous medical records from Dr.

Kappes, Dr. Leggett, Waynesboro Community Hospital, and the University of Virginia Hospital, which did not support the claim of seizure onset within the Table period.

The petitioners sought review of this decision, arguing that lay testimony from individuals who cared for Kristy during the relevant period established seizure onset within the Table time, and that the Special Master improperly relied on medical records to discount this testimony. Judge Christine Odell Cook Miller reviewed the motion for review.

The court noted that judicial review of a special master's decision is highly deferential, particularly regarding factual findings and credibility determinations. The court found that the petitioners' arguments were insufficient, as they did not specifically identify the findings challenged as arbitrary or capricious or provide a basis for such a challenge.

The court emphasized that contemporaneous medical records are considered highly reliable evidence under the Vaccine Act and that the Special Master is permitted to credit these records over conflicting witness testimony, as established in case law. The Special Master cited specific medical records from Dr.

Kappes (September 12, 1980), Dr. Leggett (October 3, 1980), Drs.

Hunter and Leggett at Waynesboro Community Hospital (October 10, 1980), and Dr. Wilson at the University of Virginia Hospital (November 7, 1980).

The court found that these records supported the Special Master's conclusion that seizures did not occur within the required Table timeframe. The court also addressed the petitioners' assertion that the Special Master found TS caused the seizures, clarifying that no such finding was made because the petitioners failed to prove the temporal requirement for presumed causation.

Therefore, a determination on alternative causation was not necessary. On December 1, 1998, Judge Miller denied the motion for review and ordered that judgment be entered dismissing the petition consistent with the Special Master's decision.

No compensation was awarded.