{"package_id":"USCOURTS-cofc-1_90-vv-00983","decision_granule_id":"USCOURTS-cofc-1_90-vv-00983-cl6643462","petitioner_identifier":"Sharpnack","is_minor":1,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"DTP","vaccination_date":"1988-02-19","condition_raw":"residual seizure disorder","condition_category":"seizure_disorder","autism_spectrum_adjacent":1,"outcome":"compensated","award_amount_usd":null,"decision_date":"1993-01-08","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:08:36.508338+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":6,"theory_of_causation":"Petitioners alleged that a DTP vaccination administered on February 19, 1988, caused a residual seizure disorder with physical disabilities and diminished mental capacity in a minor child. As the first symptoms appeared 6.3 days post-vaccination, the claim proceeded as an off-Table case. Causation-in-fact was established by the Special Master, with entitlement affirmed on review by Senior Judge Kenneth R. Harkins on January 8, 1993. The theory of causation relied on the pertussis component of the vaccine causing neurologic injury, supported by clinical timing, medical records, expert opinion from Dr. Slater, and epidemiologic evidence from the British National Childhood Encephalopathy Study (NCES), which was used as supportive but not conclusive proof. Respondent challenged causation, proposing alternative etiologies such as pneumonia, bronchitis, microcephaly, Rett Syndrome, glucose transport problems, benign febrile seizures, and viral meningitis, and also contested the Special Master's use of the NCES and other procedural aspects. The Special Master's decision was based on the NCES as the most reliable risk estimate, Dr. Slater's expert opinion, the specific facts of the case, and the exclusion of alternative causes. The award amount is not specified in the public decision.","is_death":0,"date_of_death":null,"petition_filed_date":"1993-01-08","case_summary":"Petitioners filed a claim on January 8, 1993, seeking compensation for a child who received a diphtheria-tetanus-pertussis (DTP) vaccination on February 19, 1988. They alleged that the vaccination caused a residual seizure disorder, resulting in physical disabilities and diminished mental capacity. The first symptoms appeared 6.3 days after vaccination, which was outside the three-day period then applicable for DTP encephalopathy claims under the Vaccine Injury Table, thus proceeding as an off-Table case. The Special Master issued a bench ruling on December 3, 1991, finding causation-in-fact, followed by a written entitlement decision on June 29, 1992, and an amended decision on July 28, 1992. The respondent sought review in the Court of Federal Claims, challenging entitlement but not the amount of compensation awarded. Senior Judge Kenneth R. Harkins reviewed the Special Master's decisions on January 8, 1993. The respondent argued that the Special Master erred in interpreting \"caused by,\" improperly used the British National Childhood Encephalopathy Study (NCES), and abused discretion by limiting cross-examination, using unintroduced medical literature, and refusing to reopen the record for additional expert testimony. The respondent also proposed alternative causes for the child's condition, including pneumonia, bronchitis, microcephaly, Rett Syndrome, glucose transport problems, benign febrile seizures, and viral meningitis. The court affirmed the Special Master's entitlement award, emphasizing the deferential \"arbitrary and capricious\" standard of review for Special Master decisions. Judge Harkins found that the Special Master reasonably considered the NCES as the best available risk estimate without treating it as dispositive, properly utilized expert opinions and medical literature under the Program's relaxed evidentiary rules, and reasonably concluded that the proposed alternative causes did not better explain the child's condition. The court noted that the NCES, while based on older data and subject to criticism, remained the most comprehensive study available and was consistent with current guidelines regarding contraindications for DTP. The Special Master's decision was based on a combination of the NCES, the opinion of the petitioners' medical expert, Dr. Slater, the specific facts of the case, and the exclusion of alternative etiologies. The court found that the Special Master's decision was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. The public decision does not specify the dollar amount or breakdown of the compensation awarded, nor does it name the petitioner's counsel or respondent's counsel.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":null,"petitioner_identifier_original":null,"caption_petitioner_name":"Sharpnack","petitioner_attorney_name":null,"petitioner_attorney_firm":null,"petitioner_attorney_location":null,"adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:46:30","attorney_canonical_keys":null,"firm_canonical_key":null,"package_title":"Sharpnack v. Secretary of the Department of Health & Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-00983","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-00983.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-00983.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_90-vv-00983-cl6643462","title":"Sharpnack v. Secretary of the Department of Health & Human Services","docket_text":"lead-opinion","date_issued":"1993-01-08","pdf_url":"https://www.courtlistener.com/opinion/6760763/sharpnack-v-secretary-of-the-department-of-health-human-services/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6643462 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_90-vv-00983/USCOURTS-cofc-1_90-vv-00983-cl6643462"}]}