On September 24, 2012, petitioners filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that FluMist, which their son L.A. received on December 29, 2010, caused him seizures and encephalitis. Pet. at ¶¶ 8-10. Two days after receiving FluMist, L.A. had a seizure. Id. at ¶ 9.
The undersigned finds that petitioners have satisfied the three prongs of Althen:
(1) FluMist, in combination with a co-existing infection, can synergistically affect the immune system’s ability to fight off the infection and thus result in BSN; (2) FluMist in this case had a synergistic effect with L.A.’s pre-existing infection, resulting in BSN; and (3) two days is an appropriate interval between FluMist administration and onset of BSN where the synergy of FluMist and a pre-existing infection causes BSN.
Petitioners have satisfied the requirements for making a prima facie case of causation in fact.
The undersigned finds in favor of entitlement. This case shall proceed in damages.
IT IS SO ORDERED.
Source: L.A. v. SECRETARY OF HEALTH AND HUMAN SERVICES, No. 12-629V.