A family alleging a vaccination permanently injured their daughter when she was an infant secured federal compensation after a lengthy court battle.
Maryellen and Nicholas Kottenstette “have shown by a preponderance of the evidence” that a round of vaccines administered to their daughter C.K. in 2012 caused infantile spasms followed by developmental delays and vision impairment, the U.S. Court of Appeals for the Federal Circuit said Tuesday.
The court’s nonprecedential opinion reverses two prior decisions by the Court of Federal Claims, which found that the Kottenstettes failed to sufficiently link the vaccine to the injury.
Those decisions “were in error” ...