Brain Damage Newsroom

The National Vaccine Injury Compensation Program 

On December 14, 1999, petitioners filed a claim on behalf of their daughter, Brianna Guzman [hereinafter Brianna], under the National Vaccine Injury Compensation Program Petitioners claim that Brianna suffered seizures and 2
an acute encephalopathy as a result of the administration of a Diptheria-Pertussis-Tetanus [hereinafter DPT] vaccination she received on January 24, 1997. 

Petitioners aver that symptoms of an encephalopathy were apparent within 72 hours of Brianna’s 3 DPT vaccination, manifested by a significantly decreased level of  consciousness lasting for at least 24 hours, and followed by a chronic encephalopathy, persisting for more than six months from the time of vaccination.
 
Deposition Testimony:
 In addition to the hearing testimony, the above witnesses along with several treating physicians were deposed. Drs. Carmel, Goodrich, Zimmerman, Vezina, Chadwick, and Gale were deposed by petitioners’ and respondent’s counsel.  Several of Brianna’s treating physicians were also deposed by both counsel, including Drs. Castello, Kugler, Engle, and Weiss. See R. Exs. M, R, Q, N. The undersigned read and considered each of the depositions.

Conclusion:
Based on the foregoing, the court finds, after considering the entire record in this case, that petitioners are entitled to compensation under the Vaccine Act. The parties hopefully will continue working toward negotiating a life care plan that will provide the services Brianna needs in light of her injuries.

It Is So Ordered:
Gary J. Golkiewicz
Chief Special Master