American Vaccine Court Rules DTaP (Pertussis Whooping Cough) Vaccine Legal Cause of Epilepsy & Boy’s Death

December 23, 2010

Harry and Gina Tembenis son Elias died as a result of a reaction to his DTaP (P = Pertussis/Whooping Cough) vaccination.

Federal Claims
OFFICE OF SPECIAL MASTERS
No. 03-2820V
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.

IV. CONCLUSION
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
Dee Lord
Chief Special Master

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