Lampe v. Secretary of Health & Human Services

42 Fed. Cl. 632, 1998 U.S. Claims LEXIS 310, 1998 WL 922160
CourtUnited States Court of Federal Claims
DecidedDecember 17, 1998
DocketNo. 90-3337V
StatusPublished
Cited by3 cases

This text of 42 Fed. Cl. 632 (Lampe 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
Lampe v. Secretary of Health & Human Services, 42 Fed. Cl. 632, 1998 U.S. Claims LEXIS 310, 1998 WL 922160 (uscfc 1998).

Opinion

ORDER

HORN, Judge.

The petitioners Michael Lampe and Carolyn Lampe, acting on behalf of their daughter Rachael Lampe, filed a petition under the National Vaccine Injury Compensation Act, 42 U.S.C. §§ 300aa-l to 300aa-34 (1994) (Vaccine Act)1, seeeking [635]*635on-table2 compensation for an encephalopathy3 allegedly sustained by Rachael Lampe. Petitioners allege alternatively that Rachael Lampe suffered injuries, in the form of her residual seizure disorder and subsequent mental retardation after her diphtheria-pertussis-tetanus (DPT) vaccinations on December 18,1975 and January 19,1976. Furthermore, in the alternative petitioners allege that the January 19, 1976, DPT vaccination significantly aggravated Rachael’s condition or injury which manifested after the earlier DPT vaccination. The Chief Special Master for the United States Court of Federal Claims denied each of the claims in an unpublished opinion, Lampe v. Sec’y DHHS, No. 90-3337V (Fed.Cl. June 4,1998).4

Petitioners then filed a motion for review with this court pursuant to Appendix J, paragraph 26 of the Rules of the United States Court of Federal Claims (RCFC). Specifically, petitioners allege that they have proved by a preponderance of the evidence causation in fact that the DPT vaccinations were the reason for Rachael’s injury. Petitioners argue that the Chief Special Master’s finding that Rachael’s “bicycle pedaling movements as a pre-existing seizure condition,” which then limited the inquiry regarding the last DPT vaccination to only whether the vaccination caused significant aggravation of a preexisting condition, was not proper. The petitioners argue that the determination of a “preexisting condition” as found by the Chief Special Master is not “authorized by the Vaccine Act” because the bicycle pedaling movements occurred after the DPT vaccinations began, but before the last DPT vaccination. Moreover, the petitioners argue, once the Chief Special Master found a preexisting condition, he failed to act in accordance with the law on significant aggravation as set forth in the Vaccine Act and enunciated in Whitecotton v. Secretary of Health & Human Services, 81 F.3d 1099 (Fed.Cir.1996), by not focusing on Rachael’s “current condition, at the time of the hearing, years after the DPT vaccinations” as opposed to the Chief Special Master’s factual determination that any worsening of Rachael’s condition was not until at least five months after the last DPT vaccination.

Rachael Lampe was developing normally and meeting her developmental milestones prior to her first vaccination. On November 10,1975, December 18, 1975, and January 19, 1976, DPT vaccinations were administered to the child. Each of the vaccinations are listed in the physician’s “Subsequent Visits and Findings” notes, but these records make no mention of any problems, including no mention of pedaling movements, crying, fever or swelling. On January 26, 1976, Rachael experienced a grand mal seizure that lasted approximately twenty to twenty-five minutes. The pediatric neurologist noted that: “On the day after admission Mrs. Lampe mentioned the fact that Rachael had actually had intermittent brie[fj episodes of rhythmic jerking of the right foot for the past month, and therefore most likely her current episode did not therefore represent a new acute situation.”

[636]*636The Chief Special Master issued a decision, on November 1, 1996, concluding that there was not a preponderance of evidence to demonstrate “Rachael’s symptoms began within three days after any of her DPT vaccinations.”5 Having decided that the ease did not present an on-table injury, the Chief Special Master then sought expert reports and testimony to elicit answers by the preponderance of evidence as to: (1) whether “Rachael suffered from a pre-existing seizure disorder prior to her third DPT vaccination;” (2) if not, then whether “Rachael’s third DPT vaccination caused-in-fact her seizure disorder and/or mental retardation;” or (3) if in the affirmative as to the first question, whether “Rachael’s second DPT vaccination caused-in-fact her preexisting seizure disorder or, in the alternative, that Rachael’s third DPT vaccination caused-in-fact a significant aggravation of her preexisting condition?” The Chief Special Master determined that the petitioners failed to carry the burden of proof in demonstrating an injury entitling compensation under the Vaccine Act.

After careful consideration of the record, the filings submitted by both parties, and the relevant law, the court finds that the Chief Special Master acted in accordance with the law. Thus, the court upholds the judgment of the Chief Special Master denying compensation under the Vaccine Act for the petitioners.

DISCUSSION

When deciding a motion to review a special master’s decision, the judges of the United States Court of Federal Claims shall:

(A) uphold the findings of fact and conclusions of law of the special master and sustain the special master’s decision,
(B) set aside any findings of fact or conclusions of law of the special master found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law and issue its own findings of fact and conclusions of law, or
(C) remand the petition to the special master for further action in accordance with the court’s direction.

42 U.S.C. § 300aa-12(e)(2). The legislative history of the Vaccine Act states that “[t]he conferees have provided for a limited standard for appeal from the [special] master’s decision and do not intend that this procedure be used frequently but rather in those eases in which a truly arbitrary decision has been made.” H.R. Conf. Rep. No. 386, 101st Cong., 1st Sess. 512-13, 517, reprinted in 1989 U.S.C.C.A.N. 1906, 3115, 3120.

Although this court’s review of decisions issued by a special master should be conducted within the bounds described above, 42 U.S.C. § 300aa-12(e)(2) dictates that the judges of this court should utilize differing and distinguishable standards of review, depending upon which aspect of the case is under scrutiny. As stated by the United States Court of Appeals for the Federal Circuit:

These standards vary in application as well as degree of deference. Each standard applies to a different aspect of the judgment. Fact findings are reviewed by us, as by the Claims Court judge, under the arbitrary and capricious standard; legal questions under the “not in accordance with law” standard; and discretionary rulings under the abuse of discretion standard.

Saunders v. Secretary of Health & Human Services, 25 F.3d 1031, 1033 (Fed.Cir.1994) (quoting Munn v. Secretary of Health & Human Services, 970 F.2d 863, 870 n. 10 (Fed.Cir.1992)). See also Grice v.

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Bluebook (online)
42 Fed. Cl. 632, 1998 U.S. Claims LEXIS 310, 1998 WL 922160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lampe-v-secretary-of-health-human-services-uscfc-1998.