# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 354 V

Filed: August 16 , 2016

* * * * * * * * * * * * * * * * * * * * * * * * *

DUFHANE HYDE, Sr.

, as parent and legal *

representative of the estate of his son, * Special Master Gowen

DUFHANE HYDE, Jr.

, deceased *

*

Petitioner

, *

* Table Encephalopa thy;

v. * Diphtheria T etanus a cellular

* Pertussis ; Inactive Polio;

SECRETARY OF HEALTH * Haemophilus Influenza T ype B ;

AND HUMAN SERVICES, * Death.

Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * *

RULING ON ENTITLEMENT 1

Gowen

, Special Master:

On March 18, 2016

, Dufhane Hyde Sr.

, parent and l egal representative of the Estate of

Dufhane Hyde, Jr. (“petitioner ” )

, filed a petition for compensation under the National Vaccine

Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 (the “Vaccine Act” or “Program”)

. The petition alleges that the minor child suffered a Table injury, namely a seizure disorder and

encephalopathy resulting in death

, as a result of the administration of diphtheria t etanus acellular

p ertussis ( “ Dtap ” ), inactive polio ( “ IPV ” )

, and haemophilus influenza type b ( “ HiB ” ) vaccine s on

March 20 , 201 4

. Petition at Preamble

.

1 Because this d ecision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the website of the United States Court of Federal

Claims, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347 , § 205, 116 Stat.

2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). As provided by Vaccine Rule

18(b), each party has 14 days within which to request redaction “of any information furnished by

that party: (1) that is a trade secret or co mmercial or financial in substance and is privileged or

confidential; or (2) that includes medical files or similar files, the disclosure of which would

constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2012) (Vaccine Act or the Act). All citations in this decision to

indiv idual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.On August 16, 2016 , respond ent filed her Rule 4(c) R eport (“Respondent’s Report”) in

which she concedes that petitioner is entitled to compensa tion in this case. Respondent’s Report

at 1

. Specifically, respondent submits that based on her review of the petition and supporting

documentation , she “ concludes that Dufhane Jr. suffered a Table injury of encephalopathy within

72 hou rs of DTaP vaccine administration, and that ther e i s not a preponderance of evidence that

his encephalopathy was due to factors unrelated to the DtaP vaccine. ” Id. at 3

- 4 ; see 42 U.S.C.

§ 300aa

- 13(a)(1)( B)

. Sh e adds that, “[i ] n light of Dufhane Jr. ’ s death on M arch 31, 2014, the

s tatutory severity requirement has been satisfied

. Respondent ’ s Report at 4; see § 300aa

11(c )( D )( ii )

.

In view of respondent’s concession

, and the evidence before me, I find petitioner is entitled

to compensation based on a Vaccine Table injury of encephalopathy

. S e e 42 C.F.R. § 100.3(a ),

(b)(2)

. A separate damages order will issue.

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master