FREEMAN v. SECRETARY OF HEALTH AND HUMAN SERVICES

In Freeman, eight days after the administration of an MMR vaccine at 16 months, the petitioner was evaluated in the emergency room for the onset of involuntary movements which were ultimately diagnosed as seizures.  The seizures persisted and in a subsequent evaluation at age 25 months, significant developmental and cognitive delay was found. 

At hearing, Attorney Chin-Caplan presented evidence showing that the MMR vaccine led to the petitioner’s initial seizure, his recurrent seizure disorder as well as the petitioner’s developmental delay.  In his decision granting entitlement, the Special Master commented that respondent’s expert’s credibility was undermined under cross-examination when he admitted that his opinion was based upon a misinterpretation of the medical records and concessions of the validity of petitioner’s evidence as presented from the medical records.  As the special master indicated, “as to each of the points upon which [respondent’s expert] relied to support his view of the case, either that point was undermined during the cross-examination of [respondent’s expert], or I found the counter-arguments of [petitioner’s expert] to be more persuasive.”