Contreras v. Secretary of Health & Human Services

844 F.3d 1363, 2017 WL 24643, 2017 U.S. App. LEXIS 2
CourtCourt of Appeals for the Federal Circuit
DecidedJanuary 3, 2017
Docket2015-5097
StatusPublished
Cited by123 cases

This text of 844 F.3d 1363 (Contreras v. Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Contreras v. Secretary of Health & Human Services, 844 F.3d 1363, 2017 WL 24643, 2017 U.S. App. LEXIS 2 (Fed. Cir. 2017).

Opinion

HUGHES, Circuit Judge.

Jessie Contreras appeals from a U.S. Court of Federal Claims judgment upholding a Special Master’s denial of compensation for his Guillain-Barre Syndrome and Transverse Myelitis allegedly caused by vaccinations. Because the Special Master improperly diagnosed Mr. Contreras and tailed to consider relevant evidence related to his Guillain-Barre Syndrome, we vacate and remand for further proceedings consistent with this opinion.

I

On June 16, 2003, Jessie Contreras (Mr. Contreras), then thirteen years old, received the Tetanus-Diphtheria vaccine and his third inoculation of the Hepatitis B vaccine. Before he received these vaccinations, Dr. Fred Kyazze conducted a complete physical examination and determined that Mr. Contreras was healthy.

Approximately twenty-four hours later, Mr. Contreras complained to his mother that he was experiencing back pain and numbness in his hands. She immediately took Mr. Contreras to the emergency room, where Dr. Mark Wagner, a board-, certified emergency room physician, diagnosed him with atypical Guillain-Barre Syndrome (GBS), a peripheral nervous system disease that causes descending paralysis from the upper to lower extremities. J.A. 281; 586. Mr. Contreras’s symptoms rapidly escalated—within hours he had difficulty standing or walking, weakness in his arms, and required catheterization. Mr. Contreras was ultimately transferred to the pediatric intensive care unit at Miller Children’s Hospital.

Upon admittance at Miller Children’s, Mr. Contreras was described as presenting “progressive neuromuscular deterioration and life-threatening respiratory failure.” J.A. 288. Over the next three months, Mr. Contreras suffered from a variety of symptoms caused by his illness, including quadriplegia and acute respiratory failure. J.A. 289. Mr. Contreras was discharged from Miller Children’s on September 11, 2003, with a discharge diagnosis of Transverse Myelitis (TM), an inflammatory disease of the spinal cord. 1 J.A. 289; J.A. 608.

*1366 On June 15,2005, Mr. Contreras’s father filed a petition for vaccine compensation under the Vaccine Act, alleging that Mr. Contreras suffered TM and GBS as the result of the vaccinations administered on June 16, 2003. Mr. Contreras’s petition included affidavits from: (1) Dr. Kyazze; (2) Dr; Wagner; and (3) Dr. Jeremy S. Garrett, a general pediatrician and critical care physician, who treated Mr. Contreras during his admission to Miller Children’s and ultimately diagnosed him with TM. Mr. Contreras also filed the expert report of pediatric neurologist Dr. Charles M. Poser, M.D., who concluded that he developed GBS and TM as a direct result of the administration of the vaccines.

-On October 7, 2005, the Secretary of Health and Human Services filed her Vaccine Rule 4 Report indicating that Mr. Contreras was not entitled to compensation because he had failed to establish, by a preponderance of the evidence, that either vaccine caused his condition. The Secretary also filed the expert report of pediatric-neurologist John T. Sladky, M.D., who opined that Mr. Contreras only suffered from TM, not both TM and GBS, and that the time interval—less than twenty-four hours between the administration of Mr. Contreras’s vaccines and the onset of his TM—was too soon for one or both of the vaccinations to have caused his condition.

To address whether Mr. Contreras’s illness had occurred within a medically-appropriate time-frame, Mr. Contreras submitted the medical expert report of pediatric neurologist Lawrence Steinman, M.D., who concluded that Mr. Contreras developed both GBS and TM caused by a rapid adverse immunological response to both vaccinations. In- response to Dr. Steinman’s report, the Secretary filed an expert report from immunologist J. Lindsay Whitton, M.D., Ph.D., who agreed that Mr. Contreras suffered from both GBS and TM, but disputed Dr. Stein-man’s theory of causation and the timing of Mr. Contreras’s condition in relation to his vaccinations, reiterating that -twenty-four hours was not enough time for either TM or GBS to develop after, vaccination.

On April 5, 2012, the Special Master issued his first decision (Contreras I) denying Mr; Contreras compensation under the Vaccine Act. See J.A. 30-64. The Special Master determined that Mr. Contreras only suffered from TM, not both TM and GBS. The Special Master then concluded that Mr. Contreras failed to establish that the TM arose within a “medically appropriate” timeframe following his vaccinations under the third prong of Althen v. Secretary of Health & Human Services, 418 F.3d 1274 (Fed. Cir. 2005). J.A. 62-63.

Mr. Contreras sought review and on September 28, 2012, the Court of Federal Claims vacated and remanded Contreras I after concluding that the Special Master’s finding of a specific diagnosis was not in accordance with law (Contreras II). The Special Master was instructed, on remand, to refrain from making a determination regarding Mr. Contreras’s specific diagnosis. The Special Master was also instructed to analyze the evidence under all three prongs of Althen, address the weight afforded to Mr. Contreras’s treating physicians, address whether Mr. Contreras had ruled out all alternative causes for his condition, consider case reports, and more thoroughly discuss the evidence proffered in Dr. Poser’s report. J.A. 110-13.

During the pendency of the decision on remand, the Secretary filed a status report disclosing that Dr. Sladky’s medical license *1367 was suspended during the time that he had provided the Government with expert witness services in this ease. J.A. 118. Moreover, Dr. Sladky’s CV indicated that he was licensed to practice medicine in Pennsylvania, but that license expired in 1996, nine years before his initial report was filed in this case. Id. The Secretary maintained that these “undisclosed licensure issues should not affect the evidentiary weight of his opinions.” J.A. 119. Mr. Contreras disagreed and argued that Dr. Sladky’s testimony should “carry little, if any weight,” J.A. 118, because his “lack of transparency and untruthfulness ,.. bear on his bias and character critically undermining his credibility as an expert,” J.A. 119 (omission in original).

On November 19, 2013, the Special Master again denied Mr. Contreras compensation (Contreras III). J.A. 114-90. First, the decision found ‘that Dr. Sladky’s opinion “retain[ed] some value” after determining that “the lack of disclosure and (implicit) misrepresentation about qualification do[] not entirely negate [his] opinion.” J.A. 120. Next,, the Special Master determined that Mr. Contreras did not suffer from GBS—a direct violation of the court’s instruction to refrain from diagnosing Mr. Contreras— and therefore based his analysis solely on the TM diagnosis. J.A. 143-45. Finally, he determined that “the one-day interval is not a time-frame.for which it is medically acceptable” to conclude that the vaccine caused the injury. J.A. 189.

Mr. Contreras again sought review and on May 19, 2014, the Court of Federal Claims vacated and remanded Contreras III (Contreras IV). J.A.

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844 F.3d 1363, 2017 WL 24643, 2017 U.S. App. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/contreras-v-secretary-of-health-human-services-cafc-2017.