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American Vaccine Court Rules DTaP (Pertussis Whooping Cough) Vaccine Legal Cause of Epilepsy & Boy's Death

Posted Dec 01 2010 12:00am

EliasTembenis We send our thoughts and prayers to Harry and Gina Tembenis, whose son Elias died as a result of a reaction to his DTaP (P = Pertussis/Whooping Cough) vaccination. If you don't know Harry and Gina, I can personally tell you they are life and love and hope personified.  This award does not bring back their precious son. But it reminds our nation that vaccines can cause severe life threatening injury. Read more about the Tembenis family and their foundation  HERE.

Read the full claim HERE

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 03-2820V
Filed: November 29, 2010
_________________________________________
HARRY TEMBENIS and GINA TEMBENIS, ) administrators of the estate of ) ELIAS TEMBENIS, ) Entitlement; Death; ) DTaP; Seizure disorder; epilepsy; Petitioners, ) Cause-in-fact; ) Complex febrile seizure; v. ) No alternative cause ) SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA for Petitioners. Ryan D. Pyles, United States Department of Justice, Washington, D.C. for Respondent.

IV. CONCLUSION
Petitioners have satisfied the legal requirements for proving that Elias’s December 26, 2000 DTaP vaccination was a legal cause of his epilepsy and death. Respondent has not overcome Petitioners’ evidence by proving an alternative cause. Therefore, I find that Petitioners have established entitlement to compensation under the Vaccine Act.

IT IS SO ORDERED.
s/ Dee Lord
Dee Lord
Chief Special Master



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