{"package_id":"USCOURTS-cofc-1_08-vv-00024","decision_granule_id":"USCOURTS-cofc-1_08-vv-00024-2","petitioner_identifier":"JG","is_minor":1,"age_at_vaccination":1.0,"age_unit_raw":"years","vaccine_type":"MMR","vaccination_date":"2004-04-13","condition_raw":"autism spectrum disorder (ASD)","condition_category":"ASD_autism","autism_spectrum_adjacent":1,"outcome":"dismissed","award_amount_usd":5379,"decision_date":"2014-12-08","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:28:51.953835+00:00","number_of_concurrent_vaccines":2,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioners Howard and Denise Greenberg alleged that their son, JG, suffered a Table Injury Encephalopathy following an MMR vaccination on April 13, 2004, leading to autism spectrum disorder (ASD). The theory evolved from an initial claim involving MMR and thimerosal vaccines within the Omnibus Autism Proceeding, to a general vaccine schedule claim, and then specifically to a Table Encephalopathy claim, abandoning causation-in-fact. Expert Dr. Kevin Passer opined that JG's symptoms were consistent with acute encephalopathy. The Special Master dismissed the petition on two grounds: 1) Statute of Limitations: The petition was filed on January 14, 2008, which was untimely as it should have been filed by April 28, 2007, based on the 36-month limit and the 5-15 day window for Table Encephalopathy symptoms following the April 13, 2004 MMR vaccination. Equitable tolling was rejected as alleged fraud related to thimerosal-containing vaccines was irrelevant to the MMR vaccine. 2) No Table Encephalopathy: The evidence did not support a Table Encephalopathy diagnosis. Petitioner Denise Greenberg's description of JG as \"very sensitive to his surroundings\" was contrary to the required \"decreased or absent response to environment.\" Medical records showed no neurological symptoms in the year following vaccination, and developmental concerns arose nearly a year after the MMR. The Special Master was George L. Hastings, and the decision was affirmed by Judge Thomas C. Wheeler. The $5,379 award was for litigation costs, not compensation.","is_death":0,"date_of_death":null,"petition_filed_date":"2008-01-14","case_summary":"On January 14, 2008, Howard and Denise Greenberg filed a petition under the National Vaccine Injury Compensation Program on behalf of their son, JG, who was born on April 10, 2003. They alleged that JG developed autism spectrum disorder (ASD) as a result of a \"Table Injury Encephalopathy\" following an MMR vaccination administered on April 13, 2004. The respondent was the Secretary of Health and Human Services. The case was initially part of the Omnibus Autism Proceeding (OAP) due to the autism diagnosis. The petitioners' theory of causation evolved over time, initially alleging that the MMR vaccine and thimerosal-containing vaccines caused JG's condition. Later, they suggested the entire vaccine schedule was responsible. By January 2013, they filed an expert report from Dr. Kevin Passer, who opined that JG's symptoms were consistent with an acute attack of Encephalopathy or Encephalitis, based on a statement from Denise Greenberg recalling fever and sensitivity to light and sound. In January 2014, the Greenbergs filed an amended petition alleging only a Table Injury Encephalopathy from the MMR vaccination, abandoning any causation-in-fact claim. Special Master George L. Hastings dismissed the petition on December 8, 2014, on two grounds. First, the petition was time-barred. A Table Encephalopathy claim requires symptoms to appear within 5 to 15 days of the MMR vaccination, and the petition must be filed within 36 months of the first symptom. This meant the petition should have been filed by April 28, 2007, but it was filed on January 14, 2008. The Greenbergs argued for equitable tolling due to alleged government fraud regarding thimerosal studies, but the Special Master rejected this, noting the MMR vaccine does not contain thimerosal and the alleged fraud was irrelevant to a Table Encephalopathy claim following an MMR vaccine. Second, JG did not suffer a Table Encephalopathy. The definition requires a significantly decreased level of consciousness and response to the environment, lasting at least 24 hours. Denise Greenberg's statement described JG as \"very sensitive to his surroundings,\" which the Special Master found to be the opposite of the required definition. Furthermore, JG's medical records for the year following the vaccination showed no neurological symptoms, with explicit notes of \"no reactions to prior shots\" at his 15-month and 18-month visits. Developmental concerns were not noted until his two-year visit, nearly a year after the MMR vaccine, and a chronic encephalopathy element also failed as JG was developing normally. The Greenbergs, acting pro se, filed a motion for reconsideration, which Special Master Hastings denied on March 20, 2015. They then filed a \"Notice of Review\" with the U.S. Court of Appeals for the Federal Circuit, which transferred the case back to the Court of Federal Claims. Judge Thomas C. Wheeler affirmed the Special Master's reconsideration order on November 2, 2015, finding no abuse of discretion. The $5,379 award noted in the database represents litigation costs awarded to the Greenbergs under § 15(e)(1) for expenses such as expert witness fees, filing fees, and mailing, not compensation for the injury itself, as the underlying petition was dismissed.","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":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":"GREENBERG et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00024","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00024.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00024.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_08-vv-00024-0","title":"GREENBERG et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 12/08/2014) regarding 80 DECISION of Special Master. Signed by Special Master George L. Hastings. (tpj) Copy to parties.","date_issued":"2015-01-07","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_08-vv-00024/granules/USCOURTS-cofc-1_08-vv-00024-0/pdf","pdf_bytes":1602977,"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_08-vv-00024/USCOURTS-cofc-1_08-vv-00024-0"},{"granule_id":"USCOURTS-cofc-1_08-vv-00024-1","title":"GREENBERG et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 7/16/15) regarding 105 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.","date_issued":"2015-08-07","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_08-vv-00024/granules/USCOURTS-cofc-1_08-vv-00024-1/pdf","pdf_bytes":180760,"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_08-vv-00024/USCOURTS-cofc-1_08-vv-00024-1"},{"granule_id":"USCOURTS-cofc-1_08-vv-00024-2","title":"GREENBERG et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"JUDGE VACCINE OPINION AND ORDER affirming the Special Master's 86 Order of Reconsideration denying relief from the judgment entered in this case on January 8, 2015. Signed by Judge Thomas C. Wheeler. [Docketed for Administrative Purposes Only](ar) Copy to parties.","date_issued":"2015-11-02","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_08-vv-00024/granules/USCOURTS-cofc-1_08-vv-00024-2/pdf","pdf_bytes":2601470,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'opinion'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_08-vv-00024/USCOURTS-cofc-1_08-vv-00024-2"}]}