Brian Christopher Wittner v. HHS - DPT/DTP, encephalopathy and seizure disorder (1998)

Brian Christopher Wittner, born July 24, 1985, received his first DPT vaccination on October 5, 1985, at approximately two-and-a-half months of age. His father, Nicholas Wittner, filed a petition on October 1, 1990, alleging that the DPT vaccinations caused or significantly aggravated Brian's encephalopathy and seizure disorder.

Brian received subsequent DPT vaccinations on December 3, 1985, and January 28, 1986. By March 1986, Brian was diagnosed with static congenital encephalopathy, global developmental impairment, and mild spastic tetraparesis.

Medical records from April and May 1986 noted a progressive encephalopathy, decreasing head growth, diminished responsiveness, startle reactions, and epilepsy, with a grand mal seizure occurring on May 3, 1986. Brian's condition is characterized by severe mental retardation, inability to walk or talk, a poorly controlled seizure disorder, and limited social awareness.

The special master denied compensation, finding that the petitioner failed to prove the onset of symptoms within 72 hours of the first vaccination (on-Table onset) and failed to prove actual causation or significant aggravation by the vaccine (off-Table). The special master found the testimony of Brian's mother, Cynthia Wittner, credible, indicating a gradual onset of symptoms well after the 72-hour window, and discounted the father's testimony due to inconsistencies with his affidavit.

The special master also relied on the testimony of Dr. Michael Nigro, Brian's treating neurologist for five years, who stated that Brian's condition was a progressive encephalopathy, not acutely caused by vaccination, and that the vaccinations were not a probable cause.

The court affirmed the special master's decision, finding her factual conclusions reasonable and well-supported by the record, and that she did not abuse her discretion in allowing Dr. Nigro's testimony.

Petitioner's counsel was not named. Respondent's counsel was not named.

The Special Master was not named.