Cheyenne Michael Shyface v. HHS - DPT/DTP, encephalopathy (1997)

On April 4, 1995, Patricia and June Shyface filed a petition under the National Childhood Vaccine Injury Act on behalf of Cheyenne Michael Shyface, alleging that his first DPT vaccination on April 1, 1993, caused an encephalopathy that resulted in his death four days later. The respondent argued that the cause of death was an overwhelming E. coli bacterial infection with resulting pneumonia.

An evidentiary hearing was held on September 16, 1996, before Special Master E. LaVon French.

Petitioners presented testimony from the Shyfaces and their expert, Dr. William C.

Torch. Respondent presented testimony from its experts, Dr.

Lucy Rorke, a neuropathologist, and Dr. John MacDonald, a pediatric neurologist.

The special master relied on the testimony of the petitioners, finding that Cheyenne exhibited a significantly reduced level of consciousness on April 3 and 4, 1993, indicating a Table encephalopathy. She concluded that this encephalopathy caused his death and awarded $250,000 in compensation on May 30, 1997.

The respondent sought review, challenging the special master's application of the revised Vaccine Injury Table regulations and her causation analysis. The Court of Federal Claims, in an order dated September 23, 1997, reviewed the special master's decision.

The court noted that the Vaccine Injury Table requires a significantly decreased level of consciousness lasting at least twenty-four hours and requiring hospitalization. It found that the special master's opinion did not squarely address inconsistent testimony suggesting Cheyenne may have improved on April 4, 1993, and that the medical records did not substantiate the petitioners' testimony.

The court also found the causation analysis incomplete, noting that Dr. Torch's testimony was equivocal regarding whether the vaccine-related encephalopathy or the infection was the primary cause of death, and that his opinion focused on fever and sepsis rather than encephalopathy.

The court determined that the special master had not adequately applied the Table criteria or clearly established causation under either the Table method or the actual causation method. Consequently, the court remanded the case to the special master for additional factual findings on the Table criteria and causation, with a supplemental decision to be issued by November 21, 1997.

The public decision does not describe the specific symptoms, diagnostic tests, or treatments beyond the alleged encephalopathy and infection.