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

23 Cl. Ct. 169, 1991 U.S. Claims LEXIS 197, 1991 WL 90448
CourtUnited States Court of Claims
DecidedMay 16, 1991
DocketNo. 89-65V
StatusPublished
Cited by6 cases

This text of 23 Cl. Ct. 169 (Wilson v. Secretary of the Department of Health & Human Services) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Secretary of the Department of Health & Human Services, 23 Cl. Ct. 169, 1991 U.S. Claims LEXIS 197, 1991 WL 90448 (cc 1991).

Opinion

OPINION

REGINALD W. GIBSON, Judge:

Brett and Julianne Wilson (petitioners) have secured the prospective payment of [170]*170substantial compensation under the National Vaccine Injury Compensation Program, codified as amended at 42 U.S.C.A. §§ 300aa-10 et seq. (West Supp.1991) (the Program), for certain vaccine-related injuries suffered by their daughter, Jadeanne Rose Wilson. That relief was obtained pursuant to the petitioners’ March 18, 1991, election to accept the January 22, 1991 findings, conclusions, and recommendations of Special Master George Hastings. Thus, the Clerk of Court entered final judgment in accord with that report on March 21, 1991, after the petitioners voluntarily withdrew their previously-filed motion for Claims Court review on March 18, 1991. We did not at any time pass on the sufficiency or the correctness of the findings of fact and conclusions of law by Special Master Hastings. Notwithstanding the foregoing, the petitioners filed, on April 1, 1991, a RUSCC 59 motion for reconsideration seeking to add allegedly “newly discovered evidence” to the record, and to favorably alter that portion of the judgment relating to the manner of compensation payment.

Against this background, the issue is: Whether this court has jurisdiction to entertain a RUSCC 59 Motion For Reconsideration when the petitioners voluntarily elected to withdraw their § 300aa-12(e)(l) motion for review before a decision could be issued on the merits under § 300aa-12(e)(2)?

We find, for reasons explained more thoroughly below, that the petitioners deprived this court of all jurisdiction when they voluntarily withdrew their § 300aa-12(e)(l) motion before we completed our § 300aa-12(e)(2) review. Thus, we have no power to pass on the petitioners’ RUSCC 59 motion for reconsideration. Moreover, even if jurisdiction did exist, we have not made any ruling on the merits of the decision by Special Master Hastings, and thus, there is nothing for us to reconsider. Therefore, the petitioners’ RUSCC 59 motion for reconsideration must be DENIED.

BACKGROUND

The petitioners initially filed a claim for compensation under the Program on May 30,1989, and Special Master Bryan J. Bernstein issued a decision recommending the payment of compensation on April 26,1990. On May 29, 1990, the petitioners and the respondent each filed a motion for Claims Court review under § 300aa-12(e), which states that:

(1) Upon issuance of the special master’s decision, the parties shall have 30 days to file with the clerk of the United States Claims Court a motion to have the court review the decision____
(2) Upon the filing of a motion under paragraph (1) with respect to a petition, the United States Claims Court 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.
******
(3) In the absence of a motion under paragraph (1) respecting the special master’s decision ..., the clerk of the United States Claims Court shall immediately enter judgment in accordance with the special master’s decision.

(emphasis added).

On October 24, 1990, we completed our review, without ruling on the merits, and determined that the findings of fact and conclusions of law by Special Master Bernstein were extremely deficient in both scope and specificity. Consequently, pursuant to the authority of § 300aa-12(e)(2)(C), we remanded the entire petition to the Office of the Special [171]*171Master. In our remand order, we expressly directed the special master to make appropriate findings and conclusions without reopening the record. The matter was subsequently reassigned to Special Master George Hastings, who, on January 22, 1991, issued entirely new findings of fact, and conclusions of law on the basis of the record previously developed by the parties. He ultimately determined that the petitioners were entitled to compensation, and directed the respondent to make four annual lump sum disbursements from the Program trust fund and to use those proceeds to purchase an annuity or annuities to pay a stream of income sufficient to cover projected medical and rehabilitation expenses for the future care of Jade Wilson.

Apparently the petitioners were thoroughly dissatisfied with the foregoing annuity payment arrangement because, on February 21, 1991, they filed another § 300aa-12(e)(l) motion for review, this time contesting various findings and conclusions contained in the remand decision by Special Master Hastings. Thus, the petitioners invoked our § 300aa-12(e)(2) review jurisdiction for a second time. However, on March 18, 1991, the petitioners voluntarily decided to withdraw their § 300aa-12(e)(l) motion for Claims Court review in order to facilitate the immediate entry of judgment under § 300aa-12(e)(3). As a consequence, we did not review the findings of fact and conclusions of law by Special Master Hastings following remand, and final judgment was entered on March 21, 1991, in accord with his uncontested report.

Nevertheless, on April 1, 1991, the petitioners filed a RUSCC 59 motion for reconsideration of the judgment, again expressing dissatisfaction with the annuity funding vehicle selected by the special master. Thus, by their RUSCC 59 motion, the petitioners are seeking to supplement the record with alleged newly-discovered evidence that purportedly furnishes an adequate and compelling basis for this court to alter the final judgment that was entered in accord with the decision of Special Master Hastings on March 21, 1991. They essentially contend that this new evidence warrants an order providing for payment in a lump sum instead of payment by annuity, as directed by the special master. The petitioners further allege that the annuity payment arrangement is not in the best interests of Jade, and that it is also incorrect as a matter of law.

DISCUSSION

As previously stated, the issue here is—whether this court has jurisdiction (i.e., the power) to entertain the present RUSCC 59 motion for reconsideration. Given the fact that the petitioners voluntarily withdrew their § 300aa-12(e)(l) motion for Claims Court review before we had a chance to pass on the sufficiency of the findings of fact and conclusions of law by Special Master Hastings under § 300aa-12(e)(2), we think it is absolutely clear that the answer to this question is no. This is so because our jurisdiction in vaccine cases is unambiguously circumscribed by the plain language of § 300aa-12(e)(2), which states that:

Upon the filing of a motion [to review the special master’s decision] ... with respect to a petition, the ... Claims Court shall have jurisdiction to undertake a review of the record____

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23 Cl. Ct. 169, 1991 U.S. Claims LEXIS 197, 1991 WL 90448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-secretary-of-the-department-of-health-human-services-cc-1991.