Sarah Janell Brown v. HHS - IPV/Polio, seizure disorder (1995)

Sarah Janell Brown, through her parents, received a DTP/polio vaccination on January 17, 1986. In February 1986, over a month after vaccination, Sarah experienced episodes of jerking and spitting up, leading to hospitalization and a diagnosis of seizure disorder.

Her father, Willie Fred Brown, filed a civil action in Louisiana state court against the vaccinating physician on May 25, 1990, alleging injuries resulting from the immunization. Prior to a judgment, this civil action was dismissed on October 1, 1990.

On the same day, Sarah's parents filed the instant petition for compensation under the National Vaccine Injury Compensation Program (Vaccine Act). The respondent moved to dismiss, arguing that the petitioners were precluded from filing under Section 11(a)(6) of the Act because they had previously brought a civil action after November 15, 1988.

Special Master Elizabeth E. Wright agreed and dismissed the petition for lack of jurisdiction.

The United States Court of Federal Claims reviewed the special master's legal conclusion. The court affirmed the dismissal, finding that Section 11(a)(6) clearly bars petitions filed after a civil action has been brought for the same vaccine-related injury, regardless of whether the civil action was dismissed or compensation was received.

The court found no basis to deviate from the plain language of the statute, noting that Congress intended to create a choice between civil action and Vaccine Act compensation for those injured before November 15, 1988. The court affirmed the special master's dismissal of the petition.

Petitioner's counsel and respondent's counsel are not named in the provided text. The award amount is not applicable as the case was dismissed.