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