SIMS v. SECRETARY OF HEALTH AND HUMAN SERVICES
15-1526V
| Fed. Cl. | Jun 25, 2025Background
- Abigail and Daniel Sims filed a claim under the National Vaccine Compensation Act after the death of their infant daughter, A.E.S., who died within nine hours of receiving multiple vaccinations, including DTaP, in December 2013.
- The Special Master found for the Sims, determining the vaccinations contributed to A.E.S.’s death and awarded $300,000 in damages.
- The government (Secretary of Health and Human Services) appealed, challenging the findings that A.E.S. suffered a compensable Table injury (vaccine-caused encephalopathy) and that no alternative cause for death (e.g. SIDS, SUID, or genetic disorder) was established.
- The Special Master’s findings were largely based on affidavits/testimony from the parents and opinions from both parties’ medical experts, weighing whether observed behaviors reflected encephalopathy per the statutory Vaccine Injury Table.
- The government argued the Special Master relied too heavily on the parents’ retrospective statements and failed to give proper weight to medical records and alternative etiologies.
- The Court of Federal Claims reviewed the Special Master’s legal conclusions de novo, but gave deference to factual findings and ultimately denied the government’s motion, sustaining the award for the petitioners.
Issues
| Issue | Sims' Argument | Secretary's Argument | Held |
|---|---|---|---|
| Whether A.E.S. suffered a compensable Table injury | A.E.S. showed clinical signs of encephalopathy after vaccine | No sufficient evidence of acute encephalopathy per the Table | Encephalopathy found based on behavior and expert opinion |
| Duration required for Table injury if death occurs | Death within 9 hours satisfies requirement if Table signs met | Table criteria: 24-hour symptom duration not met due to early death | Death need not occur >24hrs; Table injury satisfied |
| Reliance on affidavits/testimony vs. medical records | Testimony is credible, expert supported; not contradicted | Later affidavits/testimony unreliable, contradicted by records | Credibility findings are within Master’s discretion |
| Proof of alternative cause of death (SIDS, SUID, LQTS) | No convincing alternative; autopsy not classic SIDS, experts agree | SUID/SIDS or genetic disorder more likely, not vaccine | Respondent failed to establish an alternative cause |
Key Cases Cited
- Munn v. Sec’y of Dep’t of Health & Hum. Servs., 970 F.2d 863 (Fed. Cir. 1992) (standards of review under Vaccine Act: deferential to fact, de novo to law)
- Capizzano v. Sec’y of Health & Hum. Servs., 440 F.3d 1317 (Fed. Cir. 2006) (preponderance standard, presumption of causation for Table injuries)
- Jay v. Sec’y of Health & Hum. Servs., 998 F.2d 979 (Fed. Cir. 1993) (death can be used as evidence of Table encephalopathy)
- Hodges v. Sec’y of Health & Hum. Servs., 9 F.3d 958 (Fed. Cir. 1993) (Table injury must be established by symptoms, not just death)
- Hellebrand v. Sec’y of Health & Hum. Servs., 999 F.2d 1565 (Fed. Cir. 1993) (criteria for sequela, including death, in Table injury analysis)
- Broekelschen v. Sec’y of Health & Hum. Servs., 618 F.3d 1339 (Fed. Cir. 2010) (deference to special master on fact-finding and credibility)