Case Model: Wolfe
Wolfe v. Secretary of Health and Human Services,
Office of Special Masters, No. 05-0878V
Filed: November 9, 2006
- Hepatitis B vaccine
- Seizure disorder
- Not entitled to compensation
Petitioner Olivia Wolfe alleged that the Hepatitis B vaccination that her son Joseph Wolfe received on September 24, 2002 caused him to suffer an intractable seizure disorder.
Special Master Edwards found that the petitioner failed to demonstrate that the seizure disorder was caused in fact by that vaccination, and thus the petitioner was not entitled to compensation.
The petitioner failed to establish prongs 1 and 2 of the Althen causation-in-fact test.
The reasoning of the Special Master exhibits the following features:
- A discussion of the requirement of a “medical theory” in Althen’s Prong 1, and the relevance of the Supreme Court’s decision in Daubert; and
- A discussion of petitioner’s expert’s (lack of) credibility on Prong 2.