Michael Lampe and Carolyn Lampe, Individually and as Next Friends of Rachael Lampe, a Minor v. Secretary of Health and Human Services

219 F.3d 1357, 2000 U.S. App. LEXIS 18072, 2000 WL 1028571
CourtCourt of Appeals for the Federal Circuit
DecidedJuly 26, 2000
Docket99-5050
StatusPublished
Cited by641 cases

This text of 219 F.3d 1357 (Michael Lampe and Carolyn Lampe, Individually and as Next Friends of Rachael Lampe, a Minor v. Secretary of Health and 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
Michael Lampe and Carolyn Lampe, Individually and as Next Friends of Rachael Lampe, a Minor v. Secretary of Health and Human Services, 219 F.3d 1357, 2000 U.S. App. LEXIS 18072, 2000 WL 1028571 (Fed. Cir. 2000).

Opinions

Opinion for the court filed by Circuit Judge BRYSON. Dissenting opinion filed by Circuit Judge PLAGER.

BRYSON, Circuit Judge.

Michael and Carolyn Lampe appeal from the decision of the Court of Federal Claims denying their request for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l to 300aa-34 (Vaccine Act), for injuries suffered by their child Rachael.

Early in her life, at about the time she received the standard series of Diphtheria-Pertussis-Tetanus (DPT) vaccinations, Rachael began to experience seizures. By the time she was five years old, she suffered from frequent seizures and was mentally retarded. The Lampes petitioned for compensation under the Vaccine Act. In the proceedings, the Chief Special Master of the Court of Federal Claims conducted two hearings. At the first hearing, the special master investigated whether the onset of Rachael’s seizures had occurred within the time period established by the Vaccine Injury Table, 42 U.S.C. § 300aa-14(a). Following the hearing, the special master determined that the onset of her seizures had not occurred within that period. At the second hearing, the special master heard evidence to determine whether the DPT vaccine had caused Rachael’s disabilities. Following that hearing, the special master concluded that the Lampes had failed to prove that any of Rachael’s DPT vaccinations had caused or significantly aggravated her condition. Accordingly, the special master dismissed the Lampes’ petition. The Court of Federal Claims reviewed the special master’s ruling and sustained it. We affirm.

I

Rachael Lampe was born on September 15, 1975. She received DPT vaccinations on November 10, 1975, December 18, 1975, and January 19, 1976. During the course of the immunization series, Rachael had episodes of rhythmic jerking of her right leg, which were later described in Rachael’s medical records as “bicycle-pedaling movements.” Rachael’s parents did not report the incidents of leg jerking to her pediatrician at the time, and her parents later were unable to establish exactly when those incidents began.

On January 26, 1976, seven days after her third DPT vaccination, Rachael suffered a seizure during which she became stiff, lost consciousness, and exhibited jerking motions on the right side of her body. She was taken to a hospital, where her parents said that the seizure had lasted five minutes, followed by a 30-minute period of limpness and unresponsiveness. A month later, Rachael suffered another seizure, and in the ensuing years she suffered numerous additional seizures, one of which occurred the day following her DPT booster shot in January 1977. Although she developed normally for some time, Rachael began to show signs of developmental impairment by the time she was 27 months old, and by age five her development had deteriorated substantially. She now suffers from a residual seizure disorder and profound mental retardation.

Rachael’s parents petitioned for compensation under the Vaccine Act. The petition alleged that the three DPT vaccinations [1359]*1359she received in 1975 and 1976 were followed “[w]ithin hours of each administration” by “injection-site leg stiffening and jerking, bicycle-type pedaling motions, and screaming episodes,” which ultimately culminated in her seizure disorder and subsequent mental retardation. Their petition was assigned to the Chief Special Master of the Court of Federal Claims. In the proceedings before the special master, the Lampes offered evidence that Rachael had experienced a jerking episode on the same day that she had her first DPT vaccination. Based on their evidence that Rachael’s symptoms developed within three days of her vaccination, the Lampes argued that their claim was governed by the Vaccine Injury Table, which presumes a causal relation between a DPT vaccination and a residual seizure disorder if the onset of the condition occurs within three days after the vaccination. See 42 U.S.C. §§ 300aa-ll(c)(l)(C)(i),.300aa-14(a).

After the first hearing in this case, the special master rejected as not credible the Lampes’ evidence that Rachael had experienced a seizure and other strong reactions within three days of her first DPT vaccination. The special master found that Rachael began to exhibit the bicycle-pedaling movements sometime between her second and third DPT shot. In light of the vagueness of the references to the dates of the bicycle-pedaling movements, however, the special master could not pinpoint the onset of those movements and therefore could not find by a preponderance of the evidence that those movements began within three days of any of Rachael’s DPT vaccinations. The special master noted that it was undisputed that the seizure that resulted in her hospitalization had occurred more than three days after her third DPT vaccination. Accordingly, the special master ruled that the Lampes had failed to prove that any of Rachael’s seizure activity had occurred within three days of any of the three DPT vaccinations. Because the Lampes failed to show that any of Rachael’s seizure activity occurred within ■ the three-day period specified in the Vaccine Injury Table, they were not accorded the benefit of the statutory presumption of causation applicable to so-called “Table injuries.” The special master therefore ruled that in order to establish their entitlement to compensation under the Vaccine Act, the Lampes would have to prove by a preponderance of the evidence that one or more of the DPT vaccinations caused Rachael’s condition: See 42 U.S.C. § 300aa-ll(c)(l)(C)(ii).

In support of their theory of actual causation, the Lampes submitted evidence from two experts who concluded that the DPT vaccinations she received as an infant had caused her seizures. The government submitted evidence from an expert who concluded that it was not possible to determine that the DPT vaccinations had caused Rachael’s seizure disorder or had significantly aggravated a pre-existing seizure disorder. Following the second hearing in this case, the special master filed a lengthy opinion in which he concluded that the Lampes had not met their burden of proving that it is more likely than not that Rachael’s seizure disorder and mental retardation were caused or significantly aggravated by the DPT vaccinations she received.

The Lampes sought review of the special master’s decision in the Court of Federal Claims. After reviewing the record, the court concluded that the special master had properly considered the relevant evidence and had not made a clear error of judgment in the case. Accordingly, the court affirmed the special master’s decision denying compensation to the petitioners.

II

The Vaccine Act provides two means for establishing eligibility for compensation. See, e.g., Munn v. Secretary of Health & Human Servs., 970 F.2d 863, 865-66 (Fed.Cir.1992) (describing in detail the statutory framework of the Act). This court has characterized the two routes to establishing eligibility as follows:

[1360]*1360One route is easy, as far as evidentiary proof goes.

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219 F.3d 1357, 2000 U.S. App. LEXIS 18072, 2000 WL 1028571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-lampe-and-carolyn-lampe-individually-and-as-next-friends-of-cafc-2000.