{"package_id":"USCOURTS-cofc-1_92-vv-00764","decision_granule_id":"USCOURTS-cofc-1_92-vv-00764-cl6646803","petitioner_identifier":"Billy","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"DPT","vaccination_date":"1990-03-13","condition_raw":"residual seizure disorder and encephalopathy","condition_category":"encephalitis_encephalopathy","autism_spectrum_adjacent":1,"outcome":"denied","award_amount_usd":null,"decision_date":"1997-12-03","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:10:01.252578+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":3,"theory_of_causation":"Petitioners alleged that a DPT vaccination administered on March 13, 1990, to minor Billy McCarren caused a residual seizure disorder and encephalopathy. The first seizure occurred approximately 80 hours post-vaccination, on March 16, 1990. Petitioners sought compensation under the National Childhood Vaccine Injury Act, asserting a \"Table injury\" or, alternatively, causation-in-fact. The Chief Special Master denied the claim, finding the injury did not meet the \"three days\" (interpreted as 72 hours) timeframe for a Table injury and that causation-in-fact was not proven. The court reviewed the decision, affirming the 72-hour interpretation of the Table requirement as reasonable and consistent with precedent. Regarding causation-in-fact, the Chief Special Master weighed expert testimony, finding that while Dr. Gabriel linked the DPT to the condition, the testimony of Drs. Woody, Frost, and Lavenstein suggested other causes or an inability to link the DPT, leading to a conclusion that the petitioners failed to prove by a preponderance of the evidence that the DPT vaccine caused the injury. The court found the Chief Special Master's decision not arbitrary or capricious, affirming the denial of compensation. Attorneys for petitioners and respondent are not named in the provided text. Judge Moody R. Tidwell, III presided over the court review. The decision date was December 3, 1997.","is_death":0,"date_of_death":null,"petition_filed_date":"1992-11-03","case_summary":"On November 3, 1992, William L. McCarren, Jr. (Billy) and his parents filed a claim under the National Childhood Vaccine Injury Act of 1986. They alleged that a Diphtheria-Pertussis-Tetanus (DPT) vaccination administered to Billy on March 13, 1990, caused him to develop a residual seizure disorder and encephalopathy. Approximately 80 hours after the vaccination, on March 16, 1990, Billy experienced his first seizure and was later diagnosed with an intractable seizure disorder. The petitioners sought compensation, arguing that Billy's condition was a \"Table injury\" or, alternatively, that the DPT vaccine was the cause-in-fact of his condition. The Chief Special Master, Gary J. Golkiewicz, denied the claim on June 6, 1997. The Chief Special Master found that the injury did not manifest within the time period required for a Table injury and that the petitioners failed to establish causation-in-fact. The petitioners filed a motion for review with the court. The court reviewed the Chief Special Master's decision, applying a standard of review that is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law. The petitioners argued that the Chief Special Master erred in interpreting the Vaccine Injury Table's requirement for a residual seizure disorder following DPT vaccination to manifest within \"three days\" as 72 hours, rather than three calendar days. The court affirmed the Chief Special Master's interpretation, noting that previous case law supported the 72-hour interpretation and that it was a reasonable interpretation of the statute, aligning with the medical basis of the Table. The court also addressed the petitioners' argument that the Chief Special Master's decision on causation-in-fact was arbitrary and capricious. The Chief Special Master had considered expert testimony from both parties, including Dr. Woody and Dr. Frost (who could not definitively link the DPT to the condition), Dr. Lavenstein (who testified the seizure was due to otitis media and fever, and the disorder to an unrelated brain abnormality), and Dr. Gabriel (who linked the condition to the DPT). The Chief Special Master found Dr. Gabriel's testimony less compelling, as it relied heavily on temporal association and appeared biased, while finding the testimony of Drs. Woody, Frost, and Lavenstein more credible. The Chief Special Master concluded that the weight of the evidence did not demonstrate that the DPT vaccination caused Billy's seizure disorder and encephalopathy, finding other potential causes more likely. The court affirmed the Chief Special Master's findings, stating that he had considered the evidence, drawn plausible inferences, and articulated a rational basis for his decision, and that causation-in-fact requires more than mere temporal proximity when other causes are identified. The court denied the petitioners' motion for review and affirmed the Chief Special Master's decision. The court directed the clerk to enter judgment accordingly.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"Gary J. Golkiewicz","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":"McCarren v. Secretary of the Department of Health & Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_92-vv-00764","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_92-vv-00764.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_92-vv-00764.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_92-vv-00764-cl6646803","title":"McCarren v. Secretary of the Department of Health & Human Services","docket_text":"lead-opinion","date_issued":"1997-12-03","pdf_url":"https://www.courtlistener.com/opinion/6764052/mccarren-v-secretary-of-the-department-of-health-human-services/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6646803 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_92-vv-00764/USCOURTS-cofc-1_92-vv-00764-cl6646803"}]}