Kenneth L. Walker, IV v. HHS - DPT, Sudden Infant Death Syndrome (SIDS) allegedly caused by encephalopathy following DPT vaccination (1995)
Case summary [AI summaries can sometimes make mistakes]
Kenneth L. Walker, IV, an infant born July 15, 1991, received a DPT vaccination on September 13, 1991.
He was found unresponsive and not breathing on September 14, 1991, and died that day. The death certificate and autopsy report listed the cause of death as Sudden Infant Death Syndrome (SIDS).
The petitioners alleged that Kenneth died as a result of an encephalopathy caused by the DPT vaccine. The special master initially found the petition deficient and ordered petitioners to provide an expert affidavit.
An expert affidavit was submitted, concluding that the DPT vaccine caused an encephalopathy that led to Kenneth's death. However, the respondent recommended against entitlement, stating the medical records did not support the claim and the expert opinion lacked a logical causal link.
The special master conducted a hearing and made findings of fact, giving less weight to Mrs. Walker's testimony due to embellishments and greater weight to other family members' testimony.
Petitioners' medical expert subsequently stated he could not issue a report supporting the claim in light of the special master's findings. The special master denied compensation, ruling that petitioners failed to establish entitlement because the medical records did not support an encephalopathy and the expert opinion could not be substantiated.
The Court of Federal Claims reviewed the special master's decision, finding that the special master's credibility determinations were not arbitrary or capricious and that the contemporaneous medical records did not support the claim of encephalopathy. The court upheld the special master's decision denying compensation.
The public decision does not describe the onset or specific symptoms of the alleged encephalopathy, nor does it detail the specific medical tests performed or treatments administered. The decision does not name the petitioner's counsel or respondent's counsel.
Theory of causation
Petitioners alleged that Kenneth L. Walker, IV, born July 15, 1991, suffered an encephalopathy caused by a DPT vaccination received on September 13, 1991, leading to his death on September 14, 1991. The initial petition was found deficient, requiring an expert affidavit. Petitioners submitted an affidavit from a medical expert concluding the DPT vaccine caused an encephalopathy leading to death. Respondent recommended against entitlement, citing lack of support in medical records and a failure to articulate a logical causal link. The Special Master conducted a hearing and made findings of fact, assigning less weight to Mrs. Walker's testimony due to perceived embellishments and greater weight to other family members' testimony. Petitioners' medical expert then stated he could not support the claim in light of the Special Master's findings. The Special Master denied compensation, finding petitioners failed to establish entitlement as medical records did not support encephalopathy and the expert opinion could not be substantiated. The Court of Federal Claims upheld the Special Master's decision, finding the credibility determinations were not arbitrary or capricious and that contemporaneous medical records did not support the claim of encephalopathy. The theory was based on the Vaccine Injury Table. The Special Master was not named. The decision date was March 23, 1995. Petitioners' counsel was Kenneth L. Walker, IV (pro se). Respondent's counsel was not named.
Source PDFs
USCOURTS-cofc-1_93-vv-00529