{"package_id":"USCOURTS-cofc-1_07-vv-00788","decision_granule_id":"USCOURTS-cofc-1_07-vv-00788-0","petitioner_identifier":"B.G.S.","is_minor":1,"age_at_vaccination":1.34,"age_unit_raw":"years","vaccine_type":"Hib","vaccination_date":"2005-03-28","condition_raw":"neurodevelopmental disorder that falls within the category of an Autism Spectrum Disorder","condition_category":"ASD_autism","autism_spectrum_adjacent":1,"outcome":"denied","award_amount_usd":null,"decision_date":"2016-01-21","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:35:35.177201+00:00","number_of_concurrent_vaccines":2,"dose_number":3,"time_to_onset_days":0,"theory_of_causation":"Petitioners alleged that the Hib and Prevnar vaccinations administered to B.G.S. on March 28, 2005, caused an encephalopathy within 72 hours, leading to his neurodevelopmental disorder (autism spectrum disorder). This theory evolved from an initial claim implicating MMR, varicella, and DTaP vaccines given on November 29, 2004. Petitioners' expert, Dr. Steven Chevalier (pediatrician), opined that B.G.S. suffered an encephalopathy with symptoms including fever, rash, convulsions, seizures, ataxia, lethargy, and unresponsiveness, requiring hospitalization on March 30, 2005. Respondent's expert, Dr. Peter Bingham (pediatric neurologist), countered that B.G.S.'s condition had a likely genetic or prenatal origin, evidenced by macrocrania, and that the medical records did not support an acute encephalopathy following vaccination. Special Master George L. Hastings denied the claim, finding that Dr. Chevalier's opinions were based on factual misassumptions contradicted by contemporaneous medical records (e.g., B.G.S. was \"happy and not in acute distress,\" no seizures or hospitalization on March 30, 2005). The Special Master also noted Dr. Chevalier's lesser qualifications compared to Dr. Bingham and the failure of Dr. Chevalier's reports to explicitly link the vaccines to the alleged encephalopathy or the encephalopathy to B.G.S.'s autism. The \"Table Injury\" argument failed as encephalopathy is not a Table Injury for Hib or Prevnar, and the symptoms did not meet the criteria for a Table Encephalopathy. The decision found Petitioners failed the Althen test for causation-in-fact, citing lack of a medical theory, logical sequence, and proximate temporal relationship, and concluded the case was not a close call. No award was granted.","is_death":0,"date_of_death":null,"petition_filed_date":"2007-11-09","case_summary":"On November 9, 2007, Dana and Troy Sturdivant filed a petition under the National Vaccine Injury Compensation Program on behalf of their son, B.G.S., alleging that vaccinations caused his neurodevelopmental disorder, diagnosed as an Autism Spectrum Disorder (ASD). Initially, the petition focused on the MMR, varicella, and DTaP vaccinations administered on November 29, 2004. However, in October 2011, the petition was amended to allege that the Hib vaccine administered on March 28, 2005, was the cause-in-fact of B.G.S.'s current complications. The case was initially part of the Omnibus Autism Proceeding (OAP) but was later decoupled to pursue case-specific proof of causation. Respondent is the Secretary of Health and Human Services. Special Master George L. Hastings issued the decision on January 21, 2016, denying compensation.\n\nB.G.S. was born on November 21, 2003. His early development appeared normal. On November 29, 2004, at 12 months old, he received his first MMR and varicella vaccinations and his fourth DTaP. On March 28, 2005, at approximately 16 months old, he received his fourth Prevnar and third Hib vaccinations. Two days later, on March 30, B.G.S. presented with fever, nausea, vomiting, and diarrhea, assessed as gastroenteritis. The following day, he returned with persistent fever and loose stools, assessed as viral illness and gastroenteritis. On April 11, 2005, he was treated for bilateral ear infections. Seven months later, in November 2005, his pediatrician noted delayed speech and possible hearing difficulty, referring him for evaluations. By July 2006, he was referred for evaluation of pervasive developmental disorder, and a school district evaluation in late 2006 found a significant delay in language, social, and cognitive performance, placing him in the mild to moderate autistic range. In April 2007, B.G.S. was hospitalized for hemolytic anemia, with diagnoses including autism and autoimmune hemolytic anemia. His parents reported that after receiving immunizations at 16 months, his developmental milestones ceased, he stopped talking, and displayed extreme social changes.\n\nPetitioners' expert, Dr. Steven Chevalier, B.G.S.'s treating pediatrician, opined in two reports that B.G.S. suffered an \"encephalopathy\" within 72 hours of the March 28, 2005 vaccinations, leading to irreversible injury. He alleged B.G.S. experienced convulsions, seizures, ataxia, and unresponsiveness, and was hospitalized on March 30, 2005. However, Special Master Hastings found that Dr. Chevalier's contemporaneous office notes from March 30 and 31, 2005, contradicted these claims, describing B.G.S. as \"happy and not in acute distress\" and making no mention of seizures, convulsions, or lethargy. The alleged hospitalization on March 30, 2005, was found to be confused with a hospitalization in April 2007 for hemolytic anemia. The Special Master also noted that Dr. Chevalier's reports did not explicitly state that the vaccinations caused the encephalopathy or that the encephalopathy caused B.G.S.'s autism.\n\nRespondent's expert, Dr. Peter Bingham, a pediatric neurologist, opined that B.G.S.'s neurodevelopmental difficulties were not caused by the vaccinations. Dr. Bingham noted B.G.S.'s history of benign macrocrania, an early marker of abnormal brain development with a potential genetic or prenatal origin. He also observed that no developmental or neurological concerns were documented until July 2006, over a year after the vaccinations, and that a pediatric neurologist characterized B.G.S.'s encephalopathy as \"static,\" suggesting an early-life condition rather than an acute event. Dr. Bingham also highlighted the lack of a described biological mechanism linking the vaccinations to developmental impairment.\n\nAt an evidentiary hearing on July 31, 2015, only lay witnesses testified, as Dr. Chevalier declined to appear. Petitioners relied on his written reports. Special Master Hastings denied compensation for three independent reasons: (1) Dr. Chevalier's opinions were based on significant factual misassumptions contradicted by contemporaneous medical records; (2) Dr. Bingham, a pediatric neurologist, was more qualified than Dr. Chevalier, a pediatrician, to opine on the case; and (3) Dr. Chevalier's reports failed to explicitly state that the vaccinations caused the alleged encephalopathy or that the encephalopathy caused B.G.S.'s autism.\n\nThe Special Master also rejected the argument that B.G.S. suffered a \"Table Injury.\" Encephalopathy is not a Table Injury for the Hib or Prevnar vaccines. Furthermore, the medical records did not support the definition of a Table Encephalopathy, which requires a significantly decreased level of consciousness for at least 24 hours; B.G.S. was described as \"happy and not in acute distress\" on March 30, 2005. The Special Master concluded that the case was not a close call and that Petitioners failed to meet the \"causation-in-fact\" standard under the Althen test, as they did not establish a medical theory connecting the vaccines to the injury, a logical sequence of cause and effect, or a proximate temporal relationship. The decision noted the extensive history of cases alleging vaccine-caused autism, all of which have been rejected, and warned counsel against pursuing such theories without plausible evidence.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"George L. Hastings Jr.","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Barrett J. Clisby","petitioner_attorney_firm":null,"petitioner_attorney_location":"Oxford, MS","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|barrett-clisby|","firm_canonical_key":null,"package_title":"STURDIVANT et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00788","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00788.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00788.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_07-vv-00788-0","title":"STURDIVANT et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 01/21/2016) regarding 80 DECISION of Special Master Signed by Special Master George L. Hastings. (dj) Copy to parties.","date_issued":"2016-02-12","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_07-vv-00788/granules/USCOURTS-cofc-1_07-vv-00788-0/pdf","pdf_bytes":498000,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_07-vv-00788/USCOURTS-cofc-1_07-vv-00788-0"}]}