Amanda Riggs v. HHS - DPT, Table encephalopathy leading to death (1998)

Amanda Riggs, on behalf of her deceased infant son, Gabriel Lucas, filed a claim for compensation under the National Childhood Vaccine Compensation Program. Gabriel received a diphtheria-pertussis-tetanus (DPT) vaccination on April 16, 1993, at approximately two months of age.

He died on April 19, 1993, approximately 72 hours after the vaccination. Petitioner alleged that Gabriel suffered an encephalopathy as a result of the DPT vaccine, which led to his death.

Prior to vaccination, Gabriel was a healthy infant, though he had a cold for two weeks, his pediatrician described him as "healthy as a horse." He maintained normal sleeping and eating patterns, feeding every three hours and waking on his own for overnight feedings. Following the vaccination, Gabriel exhibited a significant change in behavior.

He slept almost continuously for approximately 60 out of the 72 hours between the vaccination and his death. During this period, he rarely woke on his own, slept through feedings, and when roused, ate less than usual and was irritable.

He sometimes appeared disengaged but did smile at caregivers and make eye contact with his mother. Petitioner and her witnesses found his excessive sleep concerning.

Experts for both sides agreed that Gabriel's condition warranted medical attention. Petitioner's experts, Dr.

Larry White (pediatric neurologist) and Dr. Mark Geier, testified that Gabriel's prolonged sleep, combined with irritability, inconsolable crying, poor feeding, and periodic disengagement, indicated an acute encephalopathy.

Respondent's experts, Dr. Russell D.

Snyder (neurologist) and Dr. Virginia M.

Anderson (pathologist), opined that the cause of death was sudden infant death syndrome (SIDS). The Special Master denied compensation on August 5, 1997, concluding that new Department of Health and Human Services (HHS) regulations limited the signs that could be considered encephalopathic and specifically disqualified sleepiness.

Judge James F. Merow, reviewing the Special Master's decision, reversed on February 3, 1998.

The court held that the regulations did not exclude extended sleep as a matter of law and that Gabriel's approximately 60 hours of near-continuous sleep, rarely waking without prompting, satisfied the regulatory requirement of a significantly decreased level of consciousness lasting at least 24 hours. The court found that this, combined with other compatible signs, established an encephalopathy.

As respondent had not demonstrated a factor unrelated to the vaccination that more likely than not caused the death, the court remanded the case for an award of compensation. Respondent's motion for reconsideration was denied on March 17, 1998.

The public staged text does not state the compensation amount awarded.