OFFICE OF SPECIAL MASTERS
Filed: November 29, 2010
HARRY TEMBENIS and GINA TEMBENIS, ) administrators of the estate of ) ELIAS TEMBENIS, ) Entitlement; Death; ) DTaP; Seizure disorder; epilepsy; Petitioners, ) Cause-in-fact; ) Complex febrile seizure; v. ) No alternative cause ) SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA for Petitioners. Ryan D. Pyles, United States Department of Justice, Washington, D.C. for Respondent.
Petitioners have satisfied the legal requirements for proving that Elias’s December 26, 2000 DTaP vaccination was a legal cause of his epilepsy and death. Respondent has not overcome Petitioners’ evidence by proving an alternative cause. Therefore, I find that Petitioners have established entitlement to compensation under the Vaccine Act.
IT IS SO ORDERED. s/ Dee Lord
Chief Special Master