Leuz v. Secretary of Health & Human Services

17 A.L.R. Fed. 2d 895, 63 Fed. Cl. 602, 2005 U.S. Claims LEXIS 12, 2005 WL 241493
CourtUnited States Court of Federal Claims
DecidedJanuary 4, 2005
DocketNo. 04-0042V
StatusPublished
Cited by14 cases

This text of 17 A.L.R. Fed. 2d 895 (Leuz 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
Leuz v. Secretary of Health & Human Services, 17 A.L.R. Fed. 2d 895, 63 Fed. Cl. 602, 2005 U.S. Claims LEXIS 12, 2005 WL 241493 (uscfc 2005).

Opinion

OPINION AND ORDER

GEORGE W. MILLER, Judge.

This matter is before the Court on petitioners’ Motion for Review of Chief Special Master Golkiewicz’s Order of Dismissal dated July 15, 2004. The Court holds that the Dismissal Order is AFFIRMED, although, as set forth below, the Court reaches that result by a different route from that taken by the Chief Special Master.

[604]*604 BACKGROUND

Logan Leuz was born on January 4, 2001. On March 13, 2001, at his pediatrician’s office, Logan received the DtaP, Hib, Hepatitis B, and Prevnar vaccinations. Petition (“Pet.”) at 1-2. Petitioners, Kim and Glenn Leuz, Logan’s parents, allege that on March 16, 2001, Logan began moaning and wheezing, and on March 17, 2001 was cranky and crying inconsolably throughout the day. Pet’r Ex. E (Affidavits of Kim and Glenn Leuz). Petitioners allege that on March 18, 2001, Logan was found to be unresponsive in his home. Pet. at 2. Logan was taken by an emergency medical technician to Lower Bucks Hospital in Bristol, Pennsylvama, where he was pronounced dead after attempted cardiopulmonary resuscitation. Pet. at 2. An autopsy was performed on March 19, 2001. Pet’r Ex. G at 1-3.

On January 15, 2004, petitioners filed a petition in the above-captioned ease, alleging that Logan died as a result of the vaccinations he received on March 13, 2001. On February 5, 2004, the Government filed a report in accordance with Rule 4(b) of Appendix B of the Rules of the United States Court of Federal Claims (“RCFC”), and a motion to dismiss for lack of subject matter jurisdiction. The Government argued that, under 42 U.S.C. § 300aa-16(a)(3) of the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10 et seq. (2000) (“Vaccme Act”), petitions alleging death due to a vaccination must be filed prior to the expiration of 24 months from the date of death. Because the petition was filed approximately ten months after the statute of limitations had expired, the case was untimely and the Court of Federal Claims lacked jurisdiction to entertain the petition. Petitioners acknowledged that the petition was filed after the statute of limitations had expired. They argued, however, that the requirement that claims be filed within 24 months from the date of death, as compared to 42 U.S.C. § 300aa-16(a)(2), which allows claims to be brought within 36 months after the date of the occurrence of the first symptom or manifestation of onset [of injury], “is a violation of their equal protection and due process rights as set forth under the Constitution of the United States of America.” Pet’r Resp. at 2.

On July 15, 2004, Chief Special Master Golkeiwicz entered an order granting respondent’s motion, holding that because petitioners’ failed to comply with the statute of limitations requirements of the Vaccine Act, the Court lacked subject matter jurisdiction to entertain their petition. Dismissal Order, Leuz v. Sec’y of the Dep’t of Health and Human Services, Case No. 04-0042V (Ct. of Fed. Claims, July 15, 2004) (hereinafter “Dismissal Order”). The Chief Special Master further determined that he lacked the authority to entertam constitutional claims that did not call for money damages. Id.

On August 13, 2004, petitioners filed a Motion for Review with this Court pursuant to 42 U.S.C. § 300aa-12(e)(l). In their motion, petitioners stated they were “fully aware that the Court of Federal Claims does not have jurisdiction to hear claims based upon constitutional issues.” Pet. Mot. For Rev. at 1. Petitioners, however, felt “compelled to file [their] motion to preserve their rights for appeal purposes,” and requested that the Court review and reconsider “the Constitutional issues of the violation of then-equal protection and due process rights.” Id.

DISCUSSION

I. Standard of Review Under the National Vaccine Injury Compensation Program

Pursuant to 42 U.S.C. § 300aa-ll(a)(l), “[a] proceeding for compensation under the National Vaccine Injury Compensation Program for a vaccine-related injury or death shall be initiated by ... the filing of a petition ... with the United States Court of Federal Claims.” A special master to whom the petition has been assigned shall, pursuant to 42 U.S.C. § 300aa-12(d)(3)(A), “issue a decision on such petition with respect to whether compensation is to be provided under the Program and the amount of such compensation. The decision of the special master shall ... include findings of fact and conclusions of law[J”

[605]*605Pursuant to 42 U.S.C. § 300aa-12(e)(l), a plaintiff may file a motion requesting that the Court of Federal Claims review the decision of the special master. “Upon the filing of a motion [for review], the Court of Federal Claims shall have jurisdiction to undertake a review of the record of the proceedings and may thereafter (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 conclusion 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); see also Hopkins v. Sec’y of the Dep’t of Health and Human Serv., 62 Fed.Cl. 333 (2004).

II. The Dismissal Order

The United States Court of Federal Claims is a court of limited jurisdiction. Phaidin v. United States, 28 Fed.Cl. 231, 233 (1993); Dynalectron Corp. v. United States, 4 Cl.Ct. 424, 428, aff'd, 758 F.2d 665 (Fed.Cir.1984) (table). Absent congressional consent to entertain a claim against the United States, the Court lacks authority to grant relief. See United States v. Testan, 424 U.S. 392, 399, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976); United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 85 L.Ed. 1058 (1941). Congressional consent to suit in the Court of Federal Claims, which thereby waives sovereign immunity, must be explicit and strictly construed. United States v. Mitchell, 445 U.S. 535, 538, 100 S.Ct. 1349, 63 L.Ed.2d 607 (1980); Fid. Const. Co. v. United States, 700 F.2d 1379, 1383 (Fed.Cir.1983). Consent to suit in this court is granted pursuant to the Vaccine Act. See Terran v. Sec’y of the Dep’t of Health and Human Serv.,

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17 A.L.R. Fed. 2d 895, 63 Fed. Cl. 602, 2005 U.S. Claims LEXIS 12, 2005 WL 241493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leuz-v-secretary-of-health-human-services-uscfc-2005.