Christina Kaminski v. HHS - DPT/DTP, shock collapse (1997)

Christina Kaminski, an infant born February 1, 1971, received her first DPT vaccination at approximately one and a half months old. She received a second DPT vaccination on April 24, 1971.

Following the second vaccination, her mother reported that Christina became increasingly irritable, her leg swelled, and she cried inconsolably for four to five hours, leading to stupor and somnolence. Christina, who usually ate well, slept through the night without feeding.

The following morning, she had to be forcibly awakened, showed no interest in food, and vomited when fed. She slept most of the day and was difficult to arouse.

On the evening of April 25, 1971, a babysitter found Christina listless, limp, and unresponsive. The mother's attempt to feed her that evening was unsuccessful, with the milk running down the infant's mouth as if she were drugged.

Early the next morning, April 26, 1971, Christina was found unresponsive and not breathing, and was pronounced dead at Bethany Medical Center. The death certificate listed the cause as 'Crib Death,' and an autopsy was inconclusive.

The mother, Maurine Kaminski (now Maurine Sweet), filed a claim under the National Childhood Vaccine Injury Act of 1986 on January 31, 1991. The Special Master found that Christina suffered a Table injury, specifically HHE and/or shock collapse, and that her death was causally related, relying on the testimony of the parents, babysitter, and an expert witness, Dr.

David Hirsch. The Special Master found the lay testimony credible and Dr.

Hirsch's opinion sound, concluding that the infant's symptoms qualified as a Table injury and that her death was a result of it. The Special Master also denied the respondent's motion to reopen proceedings to hear testimony from Phyllis Gonzales, a potential fact witness.

The Secretary of Health and Human Services moved for review, arguing that the Special Master's decision failed to adequately explain its basis and erred in denying the motion to reopen. The Court of Federal Claims granted the Secretary's motion, vacated the Special Master's decision, and remanded the case.

The court found that the Special Master failed to adequately address the autopsy evidence and its implications, particularly the findings presented by the respondent's expert, Dr. Raoul Wientzen, which contradicted the theory of shock collapse.

The court also found that the exclusion of Phyllis Gonzales' testimony was an error that likely affected the outcome, as her testimony could have challenged the factual assertions regarding the infant's symptoms. The court noted that the Special Master's decision relied heavily on lay testimony and did not sufficiently integrate or evaluate the autopsy findings or the competing expert opinions.

The case was remanded to the Special Master for further proceedings.