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CHCC Decision Database - Detail & Summary Screen
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A 14 year-old boy suffered a permanent nervous system disorder, chronic inflammatory demyelinating polyneuropathy ("CIDP"), after receiving a tetanus toxoid ("TT") vaccine. The chief special master in the Vaccine Program dismissed his case because: "Based on the lack of support from the medical community and absence of medical literature. . . petitioner's assertions that the TT vaccine can cause CIDP must. . .fail." A judge at the U.S. Court of Federal Claims, following Althen v. Sec'y of HHS (see, the Federal Circuit Athen decision below), held: "The court finds that the chief special master's decision in Kelley does not reflect the standard of proof for a non-table injury under the Vaccine Act as set forth by the Federal Circuit in Althen and is therefore contrary to law."
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