Guy Sterling v. HHS - DTaP, neurologic neglect syndrome, expressive language disorder, unspecified disorders of the nervous system, and immune dysfunction (2019)

On May 5, 2016, Guy Sterling filed a petition on behalf of his minor son, A.S., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that vaccines received on May 7, 2013, and July 26, 2013, caused or significantly aggravated unspecified injuries.

The petitioner later amended the claim to specify that the pneumococcal conjugate PCV-13, Hemophilus influenzae type B (Hib) (PRP-T), and diphtheria-tetanus-acellular pertussis (DTaP) vaccines administered on May 7, 2013, caused neurologic neglect syndrome, expressive language disorder, unspecified disorders of the nervous system, and immune dysfunction. The respondent moved to dismiss, arguing that A.S.'s condition was autism spectrum disorder (ASD).

The medical records indicated that developmental delay and speech regression were first noted at A.S.'s two-year well-child visit on January 27, 2014, over eight months after the May 2013 vaccinations. Specialists assessed him with severe receptive and expressive language disorder, and the parents reported concerns about ASD-like features.

Petitioner's experts, Dr. Toni Bark and Dr.

James Lyons-Weiler, argued for vaccine-induced encephalopathy. Respondent's experts, Dr.

Max Wiznitzer and Dr. Jeffrey Johnson, maintained that A.S.'s condition was likely ASD and not vaccine-related, and that the petitioner's experts' causation theories were unsupported by the cited literature.

The Special Master, Brian H. Corcoran, found no preponderant evidence of post-vaccination encephalopathy, either Table or non-Table, and noted that the petitioner's causation theory was inconsistent with established caselaw regarding vaccine-caused autism.

The Special Master concluded that the claim lacked a reasonable basis and failed to establish causation, and therefore dismissed the petition. Petitioner was represented by Clifford J.

Shoemaker, and Respondent was represented by Voris E. Johnson.

The decision was issued on August 27, 2019.