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

36 Fed. Cl. 461, 1996 U.S. Claims LEXIS 162, 1996 WL 518265
CourtUnited States Court of Federal Claims
DecidedAugust 29, 1996
DocketNo. 90-3430V
StatusPublished
Cited by37 cases

This text of 36 Fed. Cl. 461 (Snyder 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.

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Snyder v. Secretary of the Department of Health & Human Services, 36 Fed. Cl. 461, 1996 U.S. Claims LEXIS 162, 1996 WL 518265 (uscfc 1996).

Opinion

ORDER

MILLER, Judge.

This matter is before the court on a motion for review of a special master’s dismissal of a petition for compensation brought under the National Childhood Vaccine Injury Act of 1986. 42 U.S.C. §§ 300aa-l-300aa-34 (1994). The primary issue is whether the special master’s finding that petitioner’s son did not suffer the first symptom or manifestation of the onset of an encephalopathy within 72 hours of his third DPT vaccination was arbitrary and capricious. Argument is deemed unnecessary.

FACTS

The following facts found by the special master or in the record before the special master are not contested, unless otherwise noted. Teresa Snyder (“petitioner”) filed a vaccine-related injury claim for compensation on behalf of her incompetent son, Frank V. Snyder, Jr., on October 1, 1990. Frank was bom on June 11, 1957. Frank’s parents, Teresa and Frank, Sr., testified by way of affidavits and oral examination that Frank was a healthy child for the first six months of his life. By the age of six months, Frank could use his arms to elevate himself while lying on his stomach, roll from his side to his back, grasp objects with one hand, hold his bottle with two hands, and sit on his mother’s lap unsupported.

Frank received three DPT vaccinations in October, November, and December 1957 at the office of Dr. Stanley Budzynski. Petitioner argues that the third vaccination caused Frank to suffer an encephalopathy. No contemporaneous medical records exist documenting the exact date of the third DPT vaccination. Mr. and Mrs. Snyder, however, state that the third DPT vaccination was administered on December 30,1957.1

According to petitioner, Frank’s temperature rose to 103 within hours of the third DPT vaccination. Petitioner became concerned and telephoned Dr. Budzynski’s office. Dr. Budzynski informed petitioner that Frank’s reaction was normal and prescribed an unidentified medication over the phone to combat the fever. Athough Frank’s fever returned to normal within a few days of the vaccination, petitioner testified that Frank’s behavior and mannerisms changed:

Well, he cried. He just couldn’t seem to be consoled. He — and he developed a different cry from what he had earlier. Now, all babies cry. They cry when they’re hungry or they’re wet____

But this was different. It was different. It was, it was like a screech, like a high pitch screech.

And I kept asking the doctor about it over the telephone. He said, oh, he’ll be all right. He’ll be all right. He’ll be okay in a couple of days.

Transcript of Proceedings, Snyder v. Secretary of DHHS (No. 90-3430V), at 12-13 (Fed.Cl.Spec.Mstr. April 24, 1996) (hereinafter “Tr.”); see Snyder v. Secretary of DHHS, No. 90-3430V, slip op. at 4 (Fed.Cl. Spec.Mstr. June 19, 1996). Petitioner also [463]*463testified that Frank lost many of his previously achieved developmental milestones. Frank could no longer hold his bottle, roll over or sit without support. Frank “would get a very blank look to his eyes and like he was just staring at nothing. And then after that, he would go to sleep and he would spend a lot of time sleeping.” Tr. at 13.

Frank began to regain his developmental milestones at seven or eight months of age.2 Petitioner testified that Frank never folly regained his alertness and had difficulty learning after the December 30, 1957 vaccination. Frank did not walk until age two and did not talk until age four. A 1977 IQ test revealed that Frank had a full-scale IQ of 59.

When Frank was three and one-half years old, his parents became extremely concerned with his lack of development. Over the next several years, they took him for several evaluations to determine the cause of his problems. The existing medical records from these evaluations do not reference any abrupt loss of developmental milestones in 1957-58.

On April 24, 1996, the special master held an evidentiary hearing “on factual matters only.” Snyder, slip op. at 3. The special master did not allow any expert testimony at the hearing, explaining that “[bjefore considering any medical expert testimony on that issue [whether Frank suffered an on-table injury]» I must first determine whether the factual allegations made by the witnesses ... accurately reflect Frank’s actual medical history.” 3 Id. at 6. The special master heard the testimony of petitioner; Mr. Snyder; and Mary Louise Melso, Frank’s cousin who baby sat for Frank both before and after the December 30, 1957 vaccination. After considering the testimony, Special Master Elizabeth E. Wright issued a decision on June 19, 1996, denying petitioner’s claim.

DISCUSSION

1. Standard of review

On review of a decision by a special master, the United States Court of Federal Claims is authorized to “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____” 42 U.S.C. § 300aa-12(e)(2)(B). The court reviews issues of fact finding under the arbitrary and capricious standard, questions of law “under the ‘not in accordance with law’ standard; and discretionary rulings under the abuse of discretion standard.” Neher v. Secretary of DHHS, 984 F.2d 1195, 1198 (Fed.Cir.1993) (quoting Munn v. Secretary of DHHS, 970 F.2d 863, 870 n. 10 (Fed.Cir. 1992)); see Youngblood v. Secretary of DHHS, 32 F.3d 552, 554 (Fed.Cir.1994). According to the Federal Circuit, “‘arbitrary and capricious’ is a highly deferential standard of review.” Hines v. Secretary of DHHS, 940 F.2d 1518, 1528 (Fed.Cir.1991). Thus, “[i]f the special master has considered the relevant evidence of record, drawn plausible inferences and articulated a rational basis for the decision, reversible error will be extremely difficult to demonstrate.” Id.

2. Statutory requirements

Under the Vaccine Act, a petitioner can establish a prima facie case for compensation by showing that one

sustained, or had significantly aggravated, any illness, disability, injury, or condition [464]*464set forth in the Vaccine Injury Table in association with [a] vaccine ... and the first symptom or manifestation of the onset or of the significant aggravation of any such illness, disability, injury or condition or the death occurred within the time period after vaccine administration set forth in the Vaccine Injury Table____

42 U.S.C. § 300aa-ll(c)(l)(C)(i). The Vaccine Injury Table states that the “[tjime period for first symptom or manifestation of onset or of significant aggravation after vaccine administration” for encephalopathy is “3 days.” 42 U.S.C.

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36 Fed. Cl. 461, 1996 U.S. Claims LEXIS 162, 1996 WL 518265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-secretary-of-the-department-of-health-human-services-uscfc-1996.