Hi Bruce,
It looks to me like you have clear evidence for 'back focus', which unfortunately I know about all to well too.
Shutter speed is certainly not a major issue as the branches in your pic are sharp enough to tell you that the focus is behind the bird. The hard part now is being sure that it is a consistent back focus problem.
Arthur Morris wrote an article around microadjusting your lenses with a suitable body, but the target (or home made version of) is a good way to reveal your back focus:
http://www.birdsasart-blog.com/2011/...justing-magic/
This article is also interesting:
http://www.lensrentals.com/blog/2008...nd-other-myths
Are all of the photos you've taken with the new lens like your example? I saw the problem with my Sigma 120-400 zoom on my D90, and it hasn't even been satisfactorily fixed after the lens spend more than a month going back to Sigma. It is 'within specifications' apparently. The second link above seems to explain this - i.e. my D90 may have a tendency to back focus, and while all my other lenses are neutral or front focus a little to balance the D90, the Sigma back focuses more, multiplying the problem. If you can build clear evidence that it is a back focus problem you may find that your dealer can exchange the lens directly (Sigma - Europe anyway - don't exchange...). I face problems at 400mm at close range where the DOF is so narrow, but can have some keepers if I fire several frames. Since I'm not selling my pictures I'm basically now waiting to make a lens upgrade (and/or microadjustable body).
HTH, Geoff.