Deribeaux v. Sec'y of Health & Human Servs., No. 12-5127 (Fed. Cir. 2013)
Annotate this CaseMadison received a DTaP vaccination at age seven months and the next day suffered a prolonged seizure. Her temperature was recorded as 103.6 degrees. She continued to experience seizures and was admitted to the hospital again, a year later, with recurrent convulsive episodes. When she was about four years old, genetic testing revealed that Madison had a DNA sequence variation that was not inherited and arose spontaneously. Such mutations have been associated with several epilepsy syndromes. Her parents sued under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa, which established the National Vaccine Injury Compensation Program through which claimants can obtain compensation for vaccine-related injuries or death. Before the DNA test, a special master concluded that Madison was entitled to compensation, but the DNA test was disclosed during the damages phase. The special master ultimately denied compensation. The Federal Circuit affirmed, finding that the special master properly analyzed whether, after the plaintiffs established a prima facie case, the government carried its burden to prove that a factor unrelated to the vaccine was the sole substantial cause of the injuries.
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