Curtis Gurr v. HHS - DPT, encephalopathy leading to death (1997)

Lori L. and Russell Gurr, the parents of Curtis Gurr, filed a petition for compensation under the National Childhood Vaccine Injury Act following the death of their infant son. Curtis was born on June 22, 1988, and received his first diphtheria-pertussis-tetanus (DPT) vaccination on August 18, 1988, at fifty-seven days old.

The Gurrs alleged that Curtis suffered an encephalopathy within 72 hours of the vaccination, which led to his death on August 29, 1988. They later described symptoms including weight loss, increased head circumference, stiffening spells, unusually high-pitched screaming, and seizure-like episodes.

One week before his death, Curtis began attending day care and was weaned from breastfeeding. On August 29, 1988, he was found deceased in his day-care crib.

The emergency room report and autopsy concluded the cause of death was Sudden Infant Death Syndrome (SIDS), with no evidence of trauma, neglect, infection, congenital abnormalities, or central nervous system disease. The special master held an evidentiary hearing limited to whether symptoms of a Table injury began within 72 hours of vaccination.

The special master ruled that the petitioners had not proven a Table encephalopathy, finding that contemporaneous medical records, including those from the pediatrician, emergency room, autopsy, and SIDS counseling, did not corroborate the alleged severe encephalopathic symptoms. The records instead indicated a healthy infant without neurological distress.

Petitioners attempted to proceed on a causation-in-fact theory, submitting affidavits from Dr. Hart Peterson.

The special master found these opinions conclusory, dependent on petitioners' testimony, based on a partial review of evidence, and rebutted by respondent's experts, Dr. Rorke (neuropathology) and Dr.

Gale (pediatric neurology), who found no evidence of encephalopathy, central nervous system disease, or vaccine-related injury. Special Master Abell dismissed the petition on June 24, 1996, affirming his prior bench ruling.

Judge Yvette Kane Robinson affirmed this decision on January 17, 1997, holding that the special master had reasonably weighed the evidence, properly rejected the Table-injury theory, and did not prematurely dismiss the causation-in-fact claim after petitioners failed to demonstrate cause why it should proceed. No compensation was awarded.

Petitioners were represented by counsel, and respondent was represented by counsel. The public decision does not describe the specific mechanism of injury alleged or detail the specific clinical story beyond what is stated.