Waterman v. Secretary of Health and Human Services
123 Fed. Cl. 564
Fed. Cl.2015Background
- Infant A.T.W. (born June 11, 2013) received DTaP and five other vaccines at a two‑month visit on August 20, 2013 and was given 40 mg Tylenol; he died that evening and was pronounced dead at 11:28 p.m.
- Parents alleged the vaccines caused a Table encephalopathy leading to death within the 72‑hour Table window; petition initially pleaded death as a Table injury and later advanced encephalopathy theory in briefing.
- Autopsy and medical examiner attributed death to SIDS; autopsy found no gross brain abnormalities and noted pulmonary edema/congestion and petechiae; examiner reported no medical literature supporting a causal vaccine link.
- Petitioners’ expert, Dr. Leroy Bernstein (pediatrician), gave only speculative opinions that multiple vaccines "could have" been a factor and provided literature asserting possible associations; he did not diagnose encephalopathy or articulate a causation opinion meeting the preponderance standard.
- Special master found no evidence of Table encephalopathy (no qualifying signs in records, no expert opinion meeting the legal standard) and denied compensation; petitioners sought review.
- The Court reviewed for arbitrary/capricious error and whether the special master misapplied law, and ultimately sustained the special master’s denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether A.T.W. suffered a Table encephalopathy within 72 hours of DTaP | A.T.W.’s rapid loss of consciousness and unresponsiveness before death satisfy the Table’s "significantly decreased level of consciousness" criteria | Records and autopsy show no encephalopathy signs; observed sleepiness/feeding changes are insufficient; expert opinion is speculative | Court upheld special master: no Table encephalopathy proven; loss of consciousness from dying process insufficient |
| Whether petitioners’ expert established a Table injury or causation | Dr. Bernstein’s reports and supporting literature show vaccines possibly caused death | Expert offered only possible/ speculative causation and never diagnosed encephalopathy; insufficient under preponderance standard | Expert opinion inadequate; petitioners failed to meet preponderance requirement |
| Whether death alone can constitute a Table injury | Petitioners argued death resulted from encephalopathy and thus is compensable | Respondent: death alone is not a Table injury; must prove listed injury and sequela relationship | Court reiterated binding precedent: death alone is not compensable without established Table injury and sequela |
| Whether special master’s factual findings were arbitrary/capricious | Petitioners claimed misapplication of Table criteria and misreading of records | Respondent defended special master’s thorough consideration and rationale | Court found special master's conclusions supported by record and law; no arbitrary/capricious error |
Key Cases Cited
- Paluck v. Secretary of Health & Human Servs., 786 F.3d 1373 (Fed. Cir. 2015) (describing Vaccine Act compensation framework)
- Andreu v. Secretary of Health & Human Servs., 569 F.3d 1367 (Fed. Cir. 2009) (distinguishing Table and off‑Table recovery paths)
- Whitecotton v. Secretary of Health & Human Servs., 81 F.3d 1099 (Fed. Cir. 1996) (presumption of causation for established Table injuries)
- Grant v. Secretary of Health & Human Servs., 956 F.2d 1144 (Fed. Cir. 1992) (Table establishes temporal presumption)
- Munn v. Secretary of Health & Human Servs., 970 F.2d 863 (Fed. Cir. 1992) (standards of review for special master findings)
- Masias v. Secretary of Health & Human Servs., 634 F.3d 1283 (Fed. Cir. 2011) (deference to special masters on factual findings)
- Hines v. Secretary of Health & Human Servs., 940 F.2d 1518 (Fed. Cir. 1991) (deference where special master considers relevant evidence and gives rational basis)
- Lampe v. Secretary of Health & Human Servs., 219 F.3d 1357 (Fed. Cir. 2000) (arbitrary and capricious review principles)
- Hodges v. Secretary of Health & Human Servs., 9 F.3d 958 (Fed. Cir. 1993) (death alone not compensable without an established Table injury)
- Moberly v. Secretary of Health & Human Servs., 592 F.3d 1315 (Fed. Cir. 2010) (clarifying preponderance standard and insufficiency of "possible" causation)
- Jay v. Secretary of Health & Human Servs., 998 F.2d 979 (Fed. Cir. 1993) (death may be evidence but not independently dispositive of a Table injury)
- Hellebrand v. Secretary of Health & Human Servs., 999 F.2d 1565 (Fed. Cir. 1993) (both occurrence of Table injury and death as sequela must be proven)