Hellenbrand-Sztaba v. Secretary of Health & Human Services

35 Fed. Cl. 222, 1996 U.S. Claims LEXIS 58, 1996 WL 163027
CourtUnited States Court of Federal Claims
DecidedMarch 25, 1996
DocketNo. 91-572 V
StatusPublished
Cited by4 cases

This text of 35 Fed. Cl. 222 (Hellenbrand-Sztaba v. Secretary 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
Hellenbrand-Sztaba v. Secretary of Health & Human Services, 35 Fed. Cl. 222, 1996 U.S. Claims LEXIS 58, 1996 WL 163027 (uscfc 1996).

Opinion

OPINION

HODGES, Judge.

This action was brought under the National Vaccine Injury Compensation Program (“Vaccine Act”). 42 U.S.C. § 300aa-10 et seq. Petitioners appeal from the ruling of the Special Master denying compensation for the death of their son, Damien.

After a full evidentiary hearing, the Special Master ruled that petitioners failed to prove by a preponderance of the evidence that their son’s death was caused by the table injury anaphylaxis (severe allergic reaction) or that his death was in any way caused by his Diphtheria, Pertussis, Tetanus immunization. Petitioners allege that the Special Master’s denial of compensation was arbitrary, capricious, an abuse of discretion, and not in accordance with the law. Specifically, petitioners argue that the Special Master (1) applied an inappropriate standard of proof, (2) ignored evidence that decedent suffered the table injury encephalopathy, and (3) was biased against the petitioner’s witnesses at the evidentiary hearing. We sustain the Special Master’s ruling.

SUMMARY OF THE CASE

Damien Hellenbrand-Sztaba’s only noted medical problem was that he had suffered seizures. One of these occurred after his receiving a Mumps, Measles, Rubella shot. He had three DPT shots without incident.

Damien received his fourth DPT shot on the afternoon of December 17,1986. He was irritable after receiving the shot. At about 4:30 a.m. the next morning, Ms. Sztaba heard Damien cry out for her. She found Damien dead in his crib on December 18,1986 at 8:45 a.m. Emergency Medical Technicians at the scene attempted to resuscitate the child but they were unsuccessful. Damien was approximately 21 months old at the time of his death.

The medical examiner listed the cause of death as “sudden death in childhood of undetermined etiology.” The autopsy showed pulmonary edema (fluid in the lungs), a swollen brain, and heavy organs.

Experts from both sides agreed that eosi-nophil cells were present in Damien’s lungs and in other areas of his body, and that the presence of eosinophils can indicate allergic reaction. They agreed that Sudden Infant Death Syndrome, as defined, does not occur in babies over the age of 12 months. They agreed that death caused by anaphylaxis typically occurs soon after the foreign substance is introduced.

The government’s expert disagreed that the number of eosinophil cells present were sufficient to show that Damien suffered an allergic reaction, and she argued that cells [224]*224other than eosinophils would have been present had Damien suffered an allergic reaction. The government’s expert was satisfied that the cause of death was not anaphylaxis but “unexplained.” The Special Master relied on the government’s expert to deny compensation.

BURDEN OF PROOF UNDER THE VACCINE ACT

By enacting the National Vaccine Injury Compensation Program, Congress created a no-fault system for individuals who have suffered injuries and deaths thought to be caused by vaccines. 42 U.S.C. § 300aa-10 et seq. Two methods of proof exist under the Vaccine Act. If petitioner shows by a preponderance of the evidence that a table injury specified in the Vaccine Act occurred within the requisite time period, it is presumed that the injury was caused by the vaccine. Once this presumption arises, the special master may deny compensation only if a preponderance of the evidence shows that a specific factor other than the vaccine caused the injury. 42 U.S.C. § 300aa-13(a)(l). If causation-in-fact can be shown, petitioner is not limited under the statute to table injuries or times periods. 42 U.S.C. § 300aa-ll(c)(l)(C)(ii)(I). The burden of proof for causation-in-fact is higher. If neither of these two methods of proof is successful, compensation under the Vaccine Act must be denied.

ANALYSIS

A special master’s decision cannot be set aside unless the decision is arbitrary and capricious, an abuse of discretion, or otherwise contrary to law. 42 U.S.C. § 300aa-12(e)(2)(B). We consider petitioners’ arguments on appeal under this limited power of review.

I. Standard of Proof

Petitioners argue that the Special Master applied an inappropriately rigorous standard of proof. The Special Master stated that petitioners “failed to demonstrate it more probable than not” that Damien suffered a table injury or that his death was caused by his DPT immunization. Essentially, petitioners dispute the Special Master’s finding that they did not meet their burden of proof.

According to petitioners, the Special Master’s findings are arbitrary and capricious for several reasons. First, they point to the undisputed fact that Damien died within 24 hours of receiving his fourth DPT shot. This was within the 24-hour limit for a table injury anaphylaxis. Second, they claim that the Special Master relied improperly on the government’s expert witness. Third, they argue that the Special Master should have considered the fact that the government did not present an alternate theory of causation.

A. Death within 24 Hours

Death within the requisite time period is insufficient to establish a table injury or causation-in-fact. Hellebrand v. Secretary of Dep’t of Health & Human Servs., 999 F.2d 1565, 1570 (Fed.Cir.1993). In Hellebrand, the Claims Court reversed the special master and granted compensation on the basis that death from unknown causes within the requisite time period entitled the petitioner to compensation. Id. at 1568. The Federal Circuit reversed, construing section 300aa-14(a)(1) of the Vaccine Act to require petitioner to prove that “death occurred as a sequela of that injury or condition” alleged as a table injury. Id., 999 F.2d at 1570.

The Special Master found in this case that death was not caused by anaphylaxis. Petitioners’ argument that the fact of death should have been dispositive is not valid under case law.

B. Expert Witnesses

A special master is not bound by the opinions of expert witnesses. 42 U.S.C. § 300aa-13(b)(l) (Any “diagnosis, conclusion, judgment, test result, report, or summary shall not be binding on the special master or court.”); see also Aea v. U.S., 26 Cl.Ct. 878, 881 (1992), aff'd, 6 F.3d 787 (Fed.Cir.1993). A special master need only provide a rational explanation for relying on a particular expert. Summar v. Secretary of Dep’t of Health & Human Servs., 24 Cl.Ct. 440, 444-45 (1991). A special master may reject expert testimony if the special master finds another expert to be more persuasive. Mills [225]*225v. Secretary of Dep’t of Health & Human Servs., 27 Fed.Cl. 573, 578 (1993).

In this ease, the Special Master provided an adequate explanation for why he relied on the government’s expert witness.

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35 Fed. Cl. 222, 1996 U.S. Claims LEXIS 58, 1996 WL 163027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hellenbrand-sztaba-v-secretary-of-health-human-services-uscfc-1996.