{"package_id":"USCOURTS-cofc-1_07-vv-00784","decision_granule_id":"USCOURTS-cofc-1_07-vv-00784-cl6662713","petitioner_identifier":"Joshua Argueta","is_minor":1,"age_at_vaccination":0.52,"age_unit_raw":"years","vaccine_type":"DTaP","vaccination_date":"2004-11-10","condition_raw":"encephalopathy and seizures and permanent brain injury","condition_category":"encephalitis_encephalopathy","autism_spectrum_adjacent":1,"outcome":"denied","award_amount_usd":null,"decision_date":"2011-06-30","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:31:02.366436+00:00","number_of_concurrent_vaccines":1,"dose_number":1,"time_to_onset_days":1,"theory_of_causation":"Petitioner alleged that Joshua Argueta, approximately six months old, received a DTaP vaccine on November 10, 2004, which caused an acute encephalopathy, infantile spasms (West syndrome), and permanent brain injury, fitting the criteria for a Table encephalopathy under the Vaccine Injury Table. The claim was denied by Special Master Millman on June 30, 2011, and affirmed by Judge Damich of the Court of Federal Claims on August 1, 2011. The denial was based on two independent grounds: (1) Petitioner failed to demonstrate an acute encephalopathy within the 72-hour period following vaccination, as defined by the Table, which requires a significantly decreased level of consciousness lasting at least 24 hours, evidenced by specific clinical signs. The Special Master found Petitioner's testimony regarding Joshua's condition on November 11, 2004, to be contradicted by her contemporaneous conduct and medical records, and credited Respondent's expert, Dr. Mary Anne Guggenheim, over Petitioner's expert, Dr. Schweller. Dr. Guggenheim opined that Joshua's condition was not related to the immunization and that pre-vaccination brain abnormalities were present. (2) Petitioner failed to show that no evidence of the injury appeared before vaccination. The Special Master found affirmative evidence of pre-vaccination symptoms, including the diagnosis of bilateral iris colobomas noted around late October 2004, which Dr. Weiss and Dr. Guggenheim associated with pre-vaccination cortical visual dysfunction. Additionally, a December 16, 2004, hospital note indicated Petitioner's concern for Joshua's growth and development began \"several months\" prior to vaccination, and a discharge summary noted a loss of motor skills since four months of age (July 2004). Petitioner was represented by counsel, and Respondent was represented by counsel. No award was granted.","is_death":0,"date_of_death":null,"petition_filed_date":"2011-12-22","case_summary":"Joshua Argueta, born May 8, 2004, received a DTaP vaccine on November 10, 2004. His mother, Veronica Argueta, filed a petition for review of the Special Master's decision denying compensation under the National Child Vaccine Injury Act. The petition alleged that the DTaP vaccine caused an encephalopathy, seizures, and permanent brain injury, specifically claiming a Table encephalopathy. The Special Master denied the claim, finding that the petitioner failed to prove two essential elements: first, that Joshua exhibited symptoms of acute encephalopathy within 72 hours of vaccination, and second, that no symptoms of his injury appeared prior to vaccination. The Court of Federal Claims, through Judge Damich, reviewed the Special Master's decision and denied the motion for review on August 1, 2011, affirming the Special Master's findings of fact and conclusions of law. The court found the Special Master's decision to be well-grounded and rational, based on a thorough evaluation of the evidence. The public decision does not describe the petitioner's counsel, respondent's counsel, or the specific dollar breakdown of any award, as the claim was denied. The public decision does not describe the specific mechanism of injury alleged by the petitioner's expert, Dr. Schweller, beyond his speculation that Dr. Weiss missed an acute encephalopathic process. The public decision does not describe the specific tests performed on Joshua beyond an EEG and VEPs. The public decision does not describe the specific treatments Joshua received beyond those for bronchitis, ear infection, croup, and infantile spasms.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":null,"petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":null,"petitioner_attorney_firm":null,"petitioner_attorney_location":null,"adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":null,"firm_canonical_key":null,"package_title":"Argueta v. Secretary of Health & Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00784","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00784.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00784.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_07-vv-00784-cl6662713","title":"Argueta v. Secretary of Health & Human Services","docket_text":"lead-opinion","date_issued":"2011-12-22","pdf_url":"https://www.courtlistener.com/opinion/6779087/argueta-v-secretary-of-health-human-services/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6662713 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_07-vv-00784/USCOURTS-cofc-1_07-vv-00784-cl6662713"}]}