Stewart v. Secretary of the Department of Health and Human Services,
Office of Special Masters, No. 06-287V
Filed: March 19, 2007
- Hepatitis A vaccine
- Cerebellar ataxia
- Entitled to compensation
Petitioners William Stewart and Leonor Sotelo alleged that the hepatitis A vaccination that their son William Stewart-Sotelo received on March 26, 2002 caused him to develop cerebellar ataxia.
Special Master Laura D. Millman found that the petitioner demonstrated that the cerebellar ataxia was caused in fact by that vaccination, and thus the petitioners were entitled to compensation.
The reasoning of the Special Master exhibits the following features:
- Under Althen Prong 1, the Special Master accepted a line of reasoning based on the fact that the hepatitis A vaccine contains an inactivated form of the hepatitis A virus, unlike the hepatitis B vaccine or the Lyme vaccine;
- The Special Master rejected the respondent’s argument that a viral infection or upper respiratory infection or cold was a more likely cause of the cerebellar ataxia;
- The Special Master discussed comparisons of credibility among expert witnesses, and in particular the credibility of documented opinions of treating physicians; and
- The timing of the onset was a critical factor in the factfinding.
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