{"package_id":"USCOURTS-cofc-1_99-vv-00949","decision_granule_id":"USCOURTS-cofc-1_99-vv-00949-cl6650393","petitioner_identifier":"Dimitri Flores","is_minor":1,"age_at_vaccination":4.25,"age_unit_raw":"years","vaccine_type":"DPT","vaccination_date":"1996-11-25","condition_raw":"residual seizure disorder, stroke, behavioral problems, mental and physical developmental delay, and neurological sequelae","condition_category":"seizure_disorder","autism_spectrum_adjacent":1,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2002-04-05","extraction_version":"gemini-v2","extracted_at":"2026-04-30T13:54:32.585474+00:00","number_of_concurrent_vaccines":4,"dose_number":4,"time_to_onset_days":14,"theory_of_causation":"Petitioner Maria Perez, acting pro se on behalf of her son Dimitri Flores, alleged that a DPT vaccination on November 25, 1996, caused an off-Table injury, specifically a residual seizure disorder, stroke, behavioral problems, mental and physical developmental delay, and neurological sequelae. Dimitri was four years and three months old. Petitioner's initial expert, Dr. Marcel Kinsbourne, opined that a pertussis vaccine encephalopathy was possible if the mother's testimony was accepted, but later withdrew this opinion after MRI reviews indicated no stroke or encephalopathy. Respondent's expert, Dr. Michael Pollack, found no convincing evidence of a chronic neurological disorder attributable to the immunization and noted pre-existing developmental delays. The Special Master dismissed the case, finding the petitioner failed to meet her evidentiary burden for both on-Table and off-Table injuries. The Court of Federal Claims denied the motion for review, upholding the dismissal, finding no reputable medical or scientific explanation for causation and noting the withdrawal of the petitioner's expert's opinion. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was not named. The decision date was April 5, 2002.","is_death":0,"date_of_death":null,"petition_filed_date":"2002-04-05","case_summary":"Maria Perez, acting pro se, filed a petition on November 22, 1999, on behalf of her son, Dimitri Flores, alleging that a DPT vaccination administered on November 25, 1996, caused Dimitri to suffer a residual seizure disorder, stroke, behavioral problems, mental and physical developmental delay, and neurological sequelae. Dimitri was four years and three months old at the time of vaccination. The petition did not specify whether the claim was for an on-Table or off-Table injury. The special master dismissed the case on October 19, 2001, finding that the petitioner failed to meet her evidentiary burden to establish a prima facie case. Petitioner's counsel at the time was Ronald C. Homer. Ms. Perez subsequently filed a motion for review, initially not complying with court rules regarding attorney signature. After Mr. Homer moved to withdraw, Ms. Perez proceeded pro se. The court reviewed the special master's decision. Dimitri was born on August 11, 1992. Medical records indicated potential complications from birth, including jaundice, needing oxygen, a traumatic birth, lack of oxygen at birth, being born without a heartbeat, and his mother experiencing a seizure during delivery. Some records suggested a possible mild stroke after the November 25, 1996 vaccinations. Following the vaccination, Ms. Perez stated Dimitri became confused, disoriented, and experienced seizures, with foam coming from his mouth. Medical records from the time of vaccination and subsequent examinations were inconsistent with these claims; an ambulance report and emergency room records from November 25, 1996, indicated Dimitri was alert and oriented with no neurological deficit. A November 27, 1996 examination also showed no neurological deficit. Petitioner's initial expert, Dr. Marcel Kinsbourne, opined in May 2000 that if Ms. Perez's testimony was factual, Dimitri suffered a pertussis vaccine encephalopathy, with his continuing deficits and seizures being sequelae. However, after a review of MRI films by Dr. Roy Strand, which showed no evidence of stroke or encephalopathy and were interpreted as normal, Dr. Kinsbourne withdrew his opinion in October 2001, stating it was no longer his opinion that Dimitri suffered an encephalopathy due to the pertussis vaccine or that his current disabilities were sequelae of vaccine injury. Respondent's expert, Dr. Michael Pollack, concluded there was no convincing evidence of a chronic neurological disorder attributable to the immunization and that contemporaneous records indicated Dimitri's development was delayed prior to immunization. The special master, after a hearing and receiving supplemental expert reports, dismissed the case, finding the petitioner failed to establish either an on-Table or an off-Table injury. The court reviewed the special master's decision under an arbitrary and capricious standard for findings of fact and not in accordance with law for conclusions of law. The court found that the petitioner failed to establish a prima facie case for either an on-Table or an off-Table injury, noting the lack of a reputable medical or scientific explanation for causation and the withdrawal of petitioner's expert's opinion. The court denied the motion for review, upholding the special master's dismissal. Each party was to bear its own costs.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":null,"petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Ronald C. Homer","petitioner_attorney_firm":"Conway, Homer, P.C.","petitioner_attorney_location":"Boston, MA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|ronald-homer|","firm_canonical_key":"conway-homer","package_title":"Flores ex rel. Perez v. Secretary of Health & Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_99-vv-00949","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_99-vv-00949.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_99-vv-00949.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_99-vv-00949-cl6650393","title":"Flores ex rel. Perez v. Secretary of Health & Human Services","docket_text":"lead-opinion","date_issued":"2002-04-05","pdf_url":"https://www.courtlistener.com/opinion/6767605/flores-ex-rel-perez-v-secretary-of-health-human-services/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6650393 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_99-vv-00949/USCOURTS-cofc-1_99-vv-00949-cl6650393"}]}