Frank V. Snyder, Jr. v. HHS - DPT, encephalopathy (1996)

On October 1, 1990, Teresa Snyder filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986 on behalf of her son, Frank V. Snyder, Jr.

Frank was born on June 11, 1957. His parents testified that he was healthy for the first six months of his life, achieving developmental milestones such as rolling over, grasping objects, holding his bottle, and sitting unsupported.

They alleged that Frank received his third DPT vaccination on December 30, 1957, which caused him to develop encephalopathy. According to the petitioner, within hours of the vaccination, Frank developed a fever, a high-pitched cry, inconsolability, blank staring, and sleepiness, and lost his previously achieved developmental milestones.

However, no contemporaneous medical records from the administering physician or pediatrician existed. Later medical evaluations did not document an abrupt post-vaccination loss of milestones.

A 1961 evaluation noted developmental delay becoming apparent later, particularly when Frank entered school, and described no serious illness, accidents, or seizures. A factual hearing was held by Special Master Elizabeth E.

Wright. The Special Master found the lay testimony insufficiently reliable to prove that Frank suffered the first symptom or manifestation of encephalopathy within the 72-hour period specified by the Vaccine Injury Table.

Judge Miller affirmed this decision on August 29, 1996, emphasizing the deferential standard of review for factual findings and the Special Master's rational reliance on the existing medical histories. The petition was dismissed, and no compensation was awarded.