Carraggio v. Secretary of Department of Health & Human Services

38 Fed. Cl. 211, 1997 U.S. Claims LEXIS 110, 1997 WL 303281
CourtUnited States Court of Federal Claims
DecidedMay 21, 1997
DocketNo. 93-438V
StatusPublished
Cited by14 cases

This text of 38 Fed. Cl. 211 (Carraggio v. Secretary of Department of Health & Human Services) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carraggio v. Secretary of Department of Health & Human Services, 38 Fed. Cl. 211, 1997 U.S. Claims LEXIS 110, 1997 WL 303281 (uscfc 1997).

Opinion

OPINION

YOCK, Judge.

This case comes before the Court on the petitioners’ Motion for Review of Special Master Elizabeth Wright’s Decision, Carraggio v. Secretary of Dep’t of Health & Human Resources, No. 93-438V, 1997 WL 74694 (Fed.Cl.Sp.Mstr. January 31, 1997) (the Decision), which denied the petitioners’ claim for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-l-300aa-34 (1994) (the Vaccine Act or Vaccine Program). After thorough consideration of the entire record in this matter, including the parties’ respective submissions and the transcript from the hearing before the special master, the petitioners’ Motion for Review is denied, and the Decision of the special master is affirmed.

Factual Background

Jason Lucas Anderson was born on June 30, 1991. At Jason’s fifteen-day check-up, Dr. Michael A. Donlan, Jason’s pediatrician, noted that Jason was a “super baby.” Petition for Vaccine Compensation (Pet. for V. Comp.), filed July 14, 1993, Ex. 5 at 2. According to Ms. Danyelle Robinson (previously Carraggio), Jason’s mother, during the time period immediately prior to his vaccinations, Jason was an active two-month-old baby who could smile, giggle, grab for objects, and grasp fingers. A typical day for Jason consisted of waking at 6:00 a.m., nursing, then falling back to sleep until about 9:00 a.m, when he again would nurse. After the 9:00 a.m. feeding, Jason would “play” until about 10:00 a.m. and then go back to sleep until noon, when he would wake up, nurse, and play. Jason took his afternoon nap around 1:00 or 1:30 p.m. and usually nursed again at 3:00 p.m. and at 6:00 p.m. Jason went to sleep in the evening between 11:00 p.m. and 12:00 midnight and would wake up at around 3:00 a.m. to be fed.

On August 30, 1991, Ms. Robinson took Jason to Dr. Donlan’s office for his two-month well-baby check-up. During that check-up, Jason received his first DPT, oral polio, and hemophilus influenza type b (HIB) vaccinations. Ms. Robinson and Jason arrived home from Dr. Donlan’s office around 4:30 p.m. According to Ms. Robinson, Jason was “extremely fussy.” Tr. at 64. Ms. Robinson carried Jason around in order to comfort him until he fell asleep, but when she would lay him down he would only sleep for about five to ten minutes. Jason did not eat at 6:00 p.m., as he normally would, and did not play that evening but was irritable and cried continuously.

Ms. Robinson planned to go out that evening with a friend, Ms. Tracee Stout, and Mrs. Cleo Meckle, Ms. Robinson’s mother, was going to babysit Jason. Ms. Robinson dropped Jason off at her mother’s house around 8:30 p.m. and informed her mother that Jason was irritable because of his vaccinations. During the time that Mrs. Meckle [214]*214babysat, Jason was fussy and it took a great deal of effort to feed him his bottle. According to Mrs. Meekle, Jason was not his usual responsive self, did not coo or smile, and appeared to be swollen or bloated and pale in the upper part of his body. After much coaxing, Jason drank most of his two and a half-ounce bottle. At about 9:45 p.m., Jason fell asleep, and Ms. Robinson picked him up from her mother’s house around 2:30 a.m. According to Ms. Robinson, Jason did not awaken when she put his coat on or put him in the car, and he slept in the car during the ride to Ms. Stout’s house, where they were going to spend the night. Jason did not wake up for his 3:00 a.m. feeding.

On August 31, the day after his vaccinations, Jason woke up at 6:00 am. At that time, Ms. Robinson fed Jason, and he fell asleep until 9:30 or 10:00 a.m. When he woke up, Jason did not want to eat or play like he normally did at this time. For several hours, Jason wanted to be held by Ms. Robinson and would only sleep for periods of five to ten minutes. Jason did not eat again until about 1:00 p.m. and then fell asleep until about 4:30 or 5:00 p.m. During the time period after his DPT vaccination, Jason never exhibited a fever.1 At 1:30 or 2:00 p.m., Ms. Robinson and Ms. Stout left their six children, including Jason, with the babysitter, Heather Ricks, at Ms. Stout’s house. Upon leaving, Ms. Robinson told Ms. Ricks that Jason had been fussy lately, but she did not mention his recent vaccinations.

During the time period that Ms. Ricks was babysitting, Jason was fussy off and on and would only drink a little out of his bottle each time she tried to feed him. After feeding Jason, Ms. Ricks would lay him down to sleep but he would only do so for about ten minutes at a time and then would wake up crying. Jason was responsive to attention given to him and seemed comforted when Ms. Ricks picked him up. According to Ms. Ricks, Jason smiled during the evening. Ms. Ricks testified that Jason did not exhibit any swelling, fever, or trouble breathing, never lost consciousness, and did not appear limp. Around 4:30 or 5:00 p.m., Ms. Robinson telephoned Ms. Ricks to check on the children, and she was informed that Jason was awake and eating. At some time during the evening, Ms. Ricks laid Jason down on a water bed face down on his stomach and placed a pillow on either side of him. Ms. Ricks checked on Jason about every fifteen minutes. At around 8:00 p.m., during one of her routine check-ups of Jason, Ms. Ricks found him in the same position as she had left him earlier. He was not breathing and appeared to be pale and white. Ms. Ricks picked Jason up, felt no pulse, started to perform eardio-pulmonary resuscitation (CPR),2 and called 911. During the 911 call, Ms. Stout again called to check in and was informed by Ms. Ricks that something was wrong with the baby. Ms. Stout and Ms. Robinson immediately drove to Ms. Stout’s house.3 After the 911 call, the paramedics arrived approximately ten minutes later, attempted CPR, and transported Jason to the hospital where he was pronounced dead.

Jason’s death certificate lists sudden infant death syndrome (SIDS) as the cause of death. A coroner’s investigative report, dated August 31, 1991, indicates that “[n]o recent illness” was reported and that Jason was found on a water bed. On September 3, 1991, Dr. George R. Lindholm performed an autopsy on Jason. While Dr. Lindholm considered SIDS as the cause of death, he felt “compelled to designate the death as asphyxia due to airway occlusion (laid to rest face down on a waterbed).” Autopsy Report at 1. In addition, Dr. Lindholm found petechiae, ie., little ruptured blood vessels, on Jason’s heart and lungs, which are a sign of asphyxiation. A Vaccine Adverse Event Reporting System (VAERS) report was filed, which reported that “[m]other state[d] baby did not seem to have had any reactions to the childhood immunizations.” Pet. for V. Comp. Ex. 7. According to Ms. Robinson, she thought [215]*215Jason’s reactions to the vaccinations were normal because her older son had similar reactions after his DPT vaccination, i.e., he was irritable, sleepy, unresponsive, and not feeding well.

On July 14, 1993, Ms. Robinson and Mr. Mark Anderson, Jason’s natural father, filed a petition for compensation in the United States Court of Federal Claims, as parents and next friends of their son, Jason, as a result of his death that the petitioners contend was caused by his DPT vaccination. In the petition, the petitioners alleged that Jason experienced a hypotensive-hyporesponsive episode (HHE), see 42 U.S.C. 300a

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Cite This Page — Counsel Stack

Bluebook (online)
38 Fed. Cl. 211, 1997 U.S. Claims LEXIS 110, 1997 WL 303281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carraggio-v-secretary-of-department-of-health-human-services-uscfc-1997.