McCarren v. Secretary of the Department of Health & Human Services

40 Fed. Cl. 142, 1997 U.S. Claims LEXIS 301, 1997 WL 801447
CourtUnited States Court of Federal Claims
DecidedDecember 3, 1997
DocketNo. 92-764 V
StatusPublished
Cited by23 cases

This text of 40 Fed. Cl. 142 (McCarren v. Secretary of the 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
McCarren v. Secretary of the Department of Health & Human Services, 40 Fed. Cl. 142, 1997 U.S. Claims LEXIS 301, 1997 WL 801447 (uscfc 1997).

Opinion

ORDER

MOODY R. TIDWELL, III, Judge.

This case is before the court on petitioners’ motion for review of Chief Special Master Gary J. Golkiewicz’s June 6, 1997, decision [145]*145denying compensation under the National Childhood Vaccine Injury Act of 1986, Pub.L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-l to 300aa-34 (1994 & Supp.1995)) (“Vaccine Act”). For the reasons set forth below, the court denies petitioners’ motion for review and affirms the Chief Special Master’s decision.1

FACTS

The specific facts of this ease are set forth in the Chief Special Master’s published decision, McCarren v. Secretary of Dep’t ofHHS, No. 92-764V, 1997 WL 341694 (Fed. Cl. Sp. Mstr. June 6, 1997). The court will only discuss those facts necessary for disposition of petitioners’ motion.

On November 3, 1992, petitioners, William L. McCarren, Jr. (“Billy”) and his parents, filed a claim pursuant to the Vaccine Act, alleging that Billy contracted a residual seizure disorder and encephalopathy as a result of the Diphtheria-Pertussis-Tetanus (“DPT”) vaccination he received on March 13, 1990. On March 16, 1990, approximately 80 hours after receiving the vaccination, Billy (herein referred to as claimant) suffered a seizure. He was subsequently diagnosed with an intractable seizure disorder. Following the filing of expert reports by both parties, the Chief Special Master conducted a hearing on October 12,1994. A second hearing, held on November 5,1996, was limited to the question of whether the DPT vaccination was the cause-in-fact of claimant’s disorder. Post hearing briefs were submitted by both parties. On June 6, 1997, the Chief Special Master denied petitioners’ claim.

DISCUSSION

I. Standard of Review

The Vaccine Act establishes the standard this court is to employ when reviewing the determinations of a special master. The court has jurisdiction to “set aside any findings of fact or conclusion of law of the special master found to be arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law and issue its own findings of fact and conclusion of law.” 42 U.S.C. § 300aa — 12(e)(2)(B) (1994). Nevertheless, there has been considerable disagreement regarding the appropriate standard of review for legal determinations. Compare Charette v. Secretary of Dep’t of HHS, 33 Fed.Cl. 488, 490 (1995) (“By the plain language of the statute, de novo review ... is not appropriate.”), and McClendon v. Secretary of Dep’t of HHS, 28 Fed.Cl. 1, 6 (1993) (stating that the court will not review questions of statutory interpretation due nomo, and will instead grant the special master substantial deference), aff'd, 41 F.3d 1521 (Fed.Cir.1994), and Sharpnack v. Secretary of Dep’t of HHS, 27 Fed.Cl. 457, 459 (1993) (finding de novo review to be “contrary to the language of the statute”), aff'd, 17 F.3d 1442 (Fed.Cir.1994), with Carraggio v. Secretary of Dep’t of HHS, 38 Fed.Cl. 211, 217 (1997) (“The Court reviews questions of statutory interpretation [under the Vaccine Act] de novo.”), and Buxkemper v. Secretary of Dep’t of HHS, 32 Fed.Cl. 213, 217 (1994) (“This court does not agree that ... a de novo review of statutory construction is inappropriate”). For the reasons set forth below, this court finds that de novo review of the special master’s interpretation of the Vaccine Act is inappropriate. Review of a special master’s legal determinations in the Court of Federal Claims is of a limited, deferential nature.

The Vaccine Act’s standard of review parallels the standard of review found in the Administrative Procedure Act (“APA”), which permits a court to set aside only those actions found to be “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.” 5 U.S.C. § 706(2)(A) (1994) . Congress is presumed to be aware of the language and judicial interpretation of pertinent existing law when it passes new legislation, or makes amendments to existing legislation. See Miles v. Apex Marine Corp., 498 U.S. 19, 32, 111 S.Ct. 317, 325, 112 L.Ed.2d 275 (1990); Cannon v. University of Chicago, 441 U.S. 677, 696-97, 99 S.Ct. 1946, 1957-58, 60 L.Ed.2d 560 (1979). In the absence of explicit evidence to the contrary, this court is unwilling to assume that Con[146]*146gress was ignorant of the nature of the standard of review it specified in the 1989 amendments to the Vaccine Act.

When the language of a statute is unclear, the court may consider legislative history as an aid to interpretation. See Jones v. Brown, 41 F.3d 634, 640 (Fed.Cir. 1994). Even where, as here, the statute is apparently unambiguous, legislative history can be used to confirm that the court’s interpretation of the statute reflects congressional intent. See Glaxo Operations U.K. Ltd. v. Quigg, 894 F.2d 392, 395-96 (Fed.Cir.1990). Prior to the 1989 amendments, the special master took evidence and proposed findings of fact and conclusions of law for consideration by the Claims Court judge. See 42 U.S.C. § 300aa-12(c)(2) (Supp. V. 1987) (amended 1989); cf. Munn v. Secretary of Dep’t of HHS, 970 F.2d 863, 868 (Fed.Cir. 1992) (discussing the impact of the 1989 amendments on the Federal Circuit’s standard of review). Upon receipt of the special master’s proposal, the Claims Court judge was directed to “undertake a review of the record ... and ... make a de novo determination of any matter and issue its judgment accordingly----” 42 U.S.C. § 300aa-12(d)(1) (amended 1989) (emphasis added).

Congress, unsatisfied with the review structure of the Vaccine Act, altered the relationship of the special master and the Claims Court. See generally 135 Cong. Rec. § 29876-79 (daily ed. Nov. 17, 1989). Under the amended 42 U.S.C. § 300aa-12(d), the special master no longer makes proposed findings of fact or conclusions of law. See 42 U.S.C. § 300aa-12(d) (1994). The special master now “issue[s] a decision ... with respect to whether compensation is to be provided under the program and the amount of such compensation.” 42 U.S.C. § 300aa-12(d)(3)(A).

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40 Fed. Cl. 142, 1997 U.S. Claims LEXIS 301, 1997 WL 801447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarren-v-secretary-of-the-department-of-health-human-services-uscfc-1997.