HELLER v. HHS Isaiah D. Jones
Under the Act, the onset of anaphylaxis must occur within four hours of vaccination for petitioner to prevail on a Table injury theory. Isaiah did not suffer an on-Table anaphylaxis, as Dr. McLaughlin suggests, because he did not have a systemic allergic response within four hours of vaccination.
Since Isaiah died within seventy-two hours of vaccination, petitioner can, however, attempt to prove symptoms of an on-Table encephalopathy. But, Isaiah's symptomatology does not reflect twenty-four hours of significantly decreased level of consciousness. When Isaiah was brought to the hospital, Ms. Heller gave a history that she fed Isaiah at 1:00 a.m. that morning and then put him........There is no doubt that Isaiah was dying after his vaccination. He manifested symptoms of a decreased level of consciousness that would merit a diagnosis of encephalopathy and he was undergoing a systemic process that was severe as is anaphylaxis. However, these manifestations were due to the agonal process. In other words, these symptoms were a consequence of dying rather than of vaccination. This conclusion is evidenced by the fact that Dr. McLaughlin did not mention that Isaiah suffered any of these symptoms prior to his death. Rather, he stated that anaphylaxis and encephalopathy accompanied Isaiah's death which he termed due to SIDS.
Death, in and of itself, is not a Table injury. Hodges v. Secretary, HHS, 9 F.3d 958 (Fed. Cir. 1993), and Hellebrand v. Secretary, HHS, 999 F.2d 1565 (Fed. Cir. 1993). In order for petitioner to prevail upon a Table injury theory, the injury must precede the death and not merely be a consequence of the dying process. Petitioner herein has failed to show the existence of a Table injury, thereby leaving the original claim that DPT was the cause-in-fact of Isaiah's death.
To satisfy her burden of proving causation in fact, petitioner must offer "proof of a logical sequence of cause and effect showing that the vaccination was the reason for the injury. A reputable medical or scientific explanation must support this logical sequence of cause and effect." Grant v. Secretary, HHS, 956 F.2d 1144, 1148 (Fed. Cir. 1992). Agarwsal v. Secretary, HHS, 33 Fed. Cl.
to sleep. There is no history that Isaiah failed to respond to the feeding or that he
had any symptoms that would indicate abnormality. Following the strict language of the new
regulations, the undersigned cannot hold that Isaiah's symptoms the day after vaccination
rise to the level of a Table encephalopathy. http://www.ogc.doc.gov/websonar/WebSonar.acgi$SearchCommand