{"package_id":"USCOURTS-cofc-1_90-vv-04005","decision_granule_id":"USCOURTS-cofc-1_90-vv-04005-cl6646833","petitioner_identifier":"Adam David Gershenson","is_minor":1,"age_at_vaccination":null,"age_unit_raw":"minor (exact age not stated in public review opinion)","vaccine_type":"DT","vaccination_date":"1984-05-19","condition_raw":"encephalopathy","condition_category":"encephalitis_encephalopathy","autism_spectrum_adjacent":1,"outcome":"denied","award_amount_usd":null,"decision_date":"1998-01-22","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:09:44.411497+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":2,"theory_of_causation":"DT vaccination on May 19, 1984, following DPT vaccinations on January 13 and March 17, 1984; alleged encephalopathy or significant aggravation of pre-existing encephalopathy with subsequent speech, fine motor, learning, and behavioral difficulties. Petitioners' expert, Dr. Shlomo Shinnar, opined in a supplemental report that Adam's encephalopathy more likely predated the May 19, 1984, vaccination. The special master applied the Whitecotton framework to evaluate significant aggravation, assessing Adam's condition before and after the vaccination. The special master found Adam's neurological problems were minor both before and after the May 19 vaccination, and that his post-vaccination symptoms did not constitute a \"significant aggravation\" as defined by the Vaccine Act, citing a lack of \"markedly greater disability, pain, or illness\" or \"substantial deterioration of health.\" Dr. Shinnar could not link Adam's current learning or speech issues to the vaccine and described his motor difficulties as mild. The special master also found that petitioners failed to demonstrate Adam's current condition was a sequela of a Table injury. The petition was denied/dismissed. Judge Edward J. Andewelt affirmed the special master's decision on January 22, 1998, finding the special master reasonably weighed the evidence and correctly applied the Vaccine Act's requirements for proof tied to the specific vaccination and Table period. No award was made.","is_death":0,"date_of_death":null,"petition_filed_date":null,"case_summary":"Petitioners Ira and Claudia Gershenson sought compensation under the National Childhood Vaccine Injury Act of 1986 on behalf of their son, Adam David Gershenson, for injuries allegedly sustained from a diphtheria-tetanus (DT) vaccination administered on May 19, 1984. Adam had also received DPT vaccinations on January 13 and March 17, 1984, and two subsequent DT boosters. The litigation focused on the May 19, 1984, DT vaccination as it was the only dose followed by a reaction of the type and timing recognized by the Vaccine Injury Table. Adam later developed speech problems, fine motor difficulties, learning disabilities, and behavioral issues. The Gershensons contended that the May 19, 1984, DT vaccination caused encephalopathy or significantly aggravated a pre-existing encephalopathy. Their evidence included medical records, affidavits from Adam's attending physician, and a report from medical expert Dr. Shlomo Shinnar. Dr. Shinnar's supplemental report led the special master to conclude that Adam's encephalopathy more likely predated the May 19 vaccination. This shifted the petitioners' burden to proving significant aggravation within the Table period. Two days after the May 19 vaccination, Adam experienced a seizure, described as minor, and was alert, smiling, and cooing afterward. His mother reported only a few tremor episodes following this event. Medical records indicated pre-vaccination motor encephalopathy and tremors, suggesting Adam was not entirely normal before the vaccination. Applying the Whitecotton framework for significant aggravation, the special master found that Adam's neurological problems were minor before and after the May 19 vaccination. Dr. Shinnar did not link Adam's later learning, speech, and behavioral difficulties to the vaccine, and described his fine motor problems as relatively minor or mild. A school evaluation noted strong reading and comprehension skills but weak written language and fine motor development below age level. The special master determined that Adam had not shown markedly greater disability, substantial deterioration of health, or serious deterioration after the vaccination. The special master also concluded, in the alternative, that petitioners had not proven Adam's current condition was a sequela of a Table injury. Special Master dismissed the petition on February 10, 1997. Judge Edward J. Andewelt affirmed the dismissal on January 22, 1998, holding that the special master reasonably weighed the evidence, including Dr. Shinnar's reports, and that the Vaccine Act required proof tied to the specific vaccination and Table period, not a broad comparison of Adam's condition before his first DPT shot and after the third vaccination. No compensation was awarded.","is_minor_inferred":0,"is_pediatric_broad":1,"special_master":null,"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":"Gershenson v. Secretary of the Department of Health & Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-04005","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-04005.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-04005.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_90-vv-04005-cl6646833","title":"Gershenson v. Secretary of the Department of Health & Human Services","docket_text":"lead-opinion","date_issued":"1998-01-22","pdf_url":"https://www.courtlistener.com/opinion/6764082/gershenson-v-secretary-of-the-department-of-health-human-services/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6646833 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_90-vv-04005/USCOURTS-cofc-1_90-vv-04005-cl6646833"}]}