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

34 Fed. Cl. 57, 1995 U.S. Claims LEXIS 171, 1995 WL 508768
CourtUnited States Court of Federal Claims
DecidedAugust 14, 1995
DocketNo. 90-2631 V
StatusPublished
Cited by6 cases

This text of 34 Fed. Cl. 57 (Rodriguez 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
Rodriguez v. Secretary of the Department of Health & Human Services, 34 Fed. Cl. 57, 1995 U.S. Claims LEXIS 171, 1995 WL 508768 (uscfc 1995).

Opinion

OPINION AND ORDER

TURNER, Judge.

This opinion addresses petitioners’ May 25, 1995 Motion for Review of the decision of the special master, pursuant to the National Childhood Vaccine Injury Act of 1986 (“Vaccine Act”), as amended, 42 U.S.C. §§ 300aa-10 to -34 (1988 & Supp. V 1993), dismissing the petition. Petitioners seek compensation for injuries allegedly suffered as a result of a diphtheria-pertussis-tetanus (DPT) vaccination. The matter has been fully briefed, and oral argument is deemed unnecessary. We conclude that the special master’s decision was not arbitrary or otherwise unlawful and that the decision must be sustained. 42 U.S.C. § 300aa-12(e)(2).

I

On October 1, 1990, petitioners instituted an action seeking compensation for injuries suffered by their daughter Natalie Rosas Rodriguez after receipt of a DPT vaccination. Thereafter, an issue arose as to whether petitioners had incurred unreimbursable vaccine-related expenses in excess of $1,000, a statutory prerequisite to filing a petition. 42 U.S.C. § 300aa-ll(e)(l)(D)(i). Because petitioners are public assistance recipients, Medicaid has paid Natalie’s medical expenses since she was vaccinated.

Petitioners conceded that they had not spent $1,000 of their own money prior to' filing a petition under the program. Accordingly, the special master held: “Having failed to satisfy [section 300aa-ll(c)(l) ], petitioners have also failed to present a prima facie ease and the court must dismiss their petition.” Rodriguez v. Sec. of Dep’t of Health & Human Servs., No. 90-2631V, 1995 WL 273952 (Fed.Cl.Spee.Mstr. April 25,1995). Pursuant to RCFC Appendix J, petitioners filed a Motion for Review on May 25, 1995, alleging that the special master’s decision was not in accordance with law. In support of their motion, petitioners maintain that the language of the statute is ambiguous and that the relevant legislative history suggests that vaccine recipients such as Natalie are covered by the Vaccine Act. Petitioners further assert that the statutory construction urged [59]*59by the special master violates the Equal Protection clause of the U.S. Constitution.1

II

Section 300aa-ll(c)(l) of title 42, U.S.C., lists the matters which a petitioner seeking compensation for a vaccine-related injury must prove. The relevant parts of that section provide:

A petition for compensation under the Program for a vaccine related injury or death shall contain—
(1) ... an affidavit, and supporting documentation, demonstrating that the person who suffered such injury or who died—
(D)(i) suffered the residual effects or complications of such illness, disability) injury or condition for more than 6 months after the administration of the vaccine and incurred unreimbursable expenses due in whole or in part to such illness, disability, injury, or condition in an amount greater than $1,000____

Petitioners must prove the occurrence of these requirements in order to establish a prima facie case.

A

It is petitioners’ position that they have satisfied the requirement that unreimbursable vaccine-related expenses in excess of $1,000 be expended, although all such costs were funded by Medicaid. They argue that Congress intended the inquiry to be whether $1,000 in medical expenses were incurred at all, rather than who actually paid them. They contend that the monetary threshold, like the six-month time restriction in the same provision, serves as a measure of the severity of injury, because Congress only intended to compensate injuries of a certain magnitude. In support of this position, petitioners rely upon testimony given during certain congressional hearings.

In questions of statutory construction, a court must first examine the language of the statute at issue. When a statute is plain and unequivocal on its face, there is no need to resort to legislative history. United States v. Oregon, 366 U.S. 643, 648, 81 S.Ct. 1278, 1281, 6 L.Ed.2d 575 (1961). The assumption is that the ordinary meaning of that language accurately expresses the legislative purpose. Park ’N Fly, Inc. v. Dollar Park & Fly, Inc., 469 U.S. 189, 194, 105 S.Ct. 658, 661, 83 L.Ed.2d 582 (1985). Resort to extrinsic aids, including legislative history, only occurs where a statute is ambiguous. Johns-Manville Corp. v. United States, 855 F.2d 1556, 1559 (Fed.Cir.1988). Thus, petitioners’ reliance on congressional testimony is only relevant if they can demonstrate that the existing provision is ambiguous and without plain meaning.

Petitioners claim that the statute is ambiguous because it appears to require the person who suffered the injury, i.e., the child, to expend more than $1,000, whereas Congress could not reasonably expect a minor or disabled individual to actually remit payment. Petitioners contend that resort to legislative history is therefore appropriate.

Respondent argues that the meaning of the statute is plain. Pointing to another subsection of the same statute, respondent notes that “any person who has sustained a vaccine-related injury, the legal representative of such person if such person is a minor or disabled ... may, if the person meets the requirement of subsection (c)(1) of this section, file a petition for compensation under the program.” 42 U.S.C. § 300aa-11(b)(1)(A). Respondent elaborates: “The special master correctly turned to petitioners as the legally responsible care givers, to ascertain if they had incurred unreimbursable expenses in excess of $1,000 on behalf of their child in the care of her alleged vaccine-related condition.” Def.Resp. to M. for Review at 6. Because the parents had not satisfied the monetary threshold through personal expenditure or liability, respondent concludes, the special master properly dismissed the petition. We agree.

[60]*60We are convinced that the meaning of the statute is plain: petitioners themselves must incur, with respect to the victim, at least $1,000 in vaccine-related medical costs in order to qualify for compensation under the Vaccine Act. Although plaintiffs contention that Congress intended the monetary requirement to be a measure of severity rather than a means of excluding Medicaid recipients from recovery is a plausible one, such an interpretation would render the language of the statute, specifically the reference to un-reimbursable expenses, meaningless. It seems more reasonable that Congress purposely included that particular phrase to further the purpose of the Act, i.e., to distribute finite funds to victims who were not already receiving government assistance.2

Plaintiff has furnished no legislative history which would indicate that Congress meant to assign a contrary meaning to the phrase

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Bluebook (online)
34 Fed. Cl. 57, 1995 U.S. Claims LEXIS 171, 1995 WL 508768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-secretary-of-the-department-of-health-human-services-uscfc-1995.