Zatuchni v. Secretary of Health and Human Services

516 F.3d 1312, 80 Fed. Cl. 1312, 2008 U.S. App. LEXIS 3106, 2008 WL 360997
CourtCourt of Appeals for the Federal Circuit
DecidedFebruary 12, 2008
Docket2007-5034
StatusPublished
Cited by26 cases

This text of 516 F.3d 1312 (Zatuchni 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
Zatuchni v. Secretary of Health and Human Services, 516 F.3d 1312, 80 Fed. Cl. 1312, 2008 U.S. App. LEXIS 3106, 2008 WL 360997 (Fed. Cir. 2008).

Opinions

COTE, District Judge.

The Secretary of Health and Human Services (“government”) appeals the judgment of the Court of Federal Claims awarding petitioner-appellee Dory Zatuchni (“Zatuchni”) (in her capacity as executrix of the estate of E. Barbara Snyder (“Snyder”)) $804,323.90 under the National Vaccine Compensation Program (“Program”). Zatuchni v. Sec’y of Health & Human Servs., 73 Fed.Cl. 451 (2006). The government concedes that $250,000 was properly awarded as a death benefit pursuant to 42 U.S.C. § 300aa-15(a)(2), but asserts that the remaining $554,323.90, representing compensation pursuant to 42 U.S.C. § 300aa-15(a)(l), (3), and (4) for vaccine-related injuries suffered by Snyder prior to her death, may not be awarded because the death benefit is the sole remedy for a petitioner who dies as a result of [1314]*1314the administration of a vaccine. We affirm.

BACKGROUND

Snyder received a measles, mumps, and rubella (MMR) vaccine on February 10, 1992, at the age of 45. The Court of Federal Claims summarized the events that followed her vaccination:

Within two weeks of the vaccination, Ms. Snyder developed ... a rash, swollen lymph nodes, a fever, and severe pain throughout her joints and muscles. Soon thereafter, Ms. Snyder experienced other symptoms, which her physicians diagnosed as continuing chronic arthralgia and [fibromyalgia syndrome (FMS) ] attributable to the rubella portion of the MMR vaccination.!1] Over the next 13 years, Ms. Snyder’s physical condition deteriorated rapidly and significantly---- [She] found it impossible to continue working ... [e]ventually[ ] ... ambulated only with a walker, ... [and] required a nurse’s aid to assist her with daily living functions.

Zatuchni v. Sec’y of Health & Human Servs., 73 Fed.Cl. 451, 452-53 (2006).

On January 31, 1994, Snyder filed a petition for compensation with the Program. As detailed in Snyder v. Secretary of Health & Human Services, No. 94-58V, 2005 WL 1230787, at *3-*5 (Fed.Cl. Spec.Mstr. May 6, 2005), the government conceded on May 2, 1994, that Snyder’s chronic joint pain was caused by the MMR vaccination; Snyder, however, also sought compensation for her other symptoms, and obtained several stays of her petition in order to gather expert testimony in support of her claims and to pursue settlement discussions with the government.2 As a result of these delays, Snyder’s petition remained pending before the special master until May 6, 2005, when her petition was denied for failure to demonstrate that the MMR vaccination caused her symptoms. Id. at *20.

Neither party was aware, however, that Snyder had died on April 28, 2005, several days before the special master’s decision. Following the resolution of a brief procedural challenge pursuant to Rule 25(a)(1) of the Rules of the Court of Federal Claims (“RCFC”), Zatuchni was substituted as a party for Snyder and appealed the special master’s determination. Snyder v. Sec’y of Health & Human Servs., 69 Fed.Cl. 390 (2006).

On February 9, 2006, the Court of Federal Claims reversed the special master’s determination, concluding that Snyder had met her burden to demonstrate that her symptoms were caused by the vaccine. The court remanded the case to the special [1315]*1315master to determine the amount of compensation to which her estate was entitled and whether Snyder’s death was vaccine-related. Zatuchni v. Sec’y of Health & Human Servs., 69 Fed.Cl. 612, 622-24 (2006).

The special master issued a decision on remand on May 10, 2006, concluding that Snyder’s death had been vaccine-related, and that her estate was therefore entitled to the $250,000 death benefit provided for under 42 U.S.C. § 300aa-15(a)(2). Za-tuchni v. Sec’y of Health & Human Servs., No. 94-58V, 2006 WL 1499982, at *6 (Fed. Cl. May 10, 2006). The special master also found -that Snyder would have been entitled to compensation in the amount of $554,323.90 for her vaccine-related injuries during her lifetime, including actual expenses incurred, pain and suffering, and lost income between the time of the vaccination and her death. Id. at *7-*8. The special master concluded that as a matter of law, however, such compensation could not be paid to her estate because her vaccine-related injury claims did not survive her death. Id. at *9-26. Accordingly, the special master awarded appellant $250,000.

On appeal, the Court of Federal Claims reversed the special master’s determination as to the claim for pre-death vaccine-related injury compensation. Zatuchni v. Sec’y of Health & Human Servs., 73 Fed.Cl. 451, 459 (2006). It concluded that Snyder’s injury claims did not abate upon her death, and accordingly awarded her estate $804,323.90, consisting of the $250,000 death benefit and compensation for injuries during her lifetime in the amount of $554,323.90. Id. The government appeals the award of the latter amount. We have jurisdiction pursuant to 42 U.S.C. § 300aa-12(f).

DISCUSSION

The instant appeal requires us to determine whether the petitioner may receive the compensation for medical expenses, lost wages, and pain and suffering provided for under 42 U.S.C. § 300aa-15(a)(1), (3) and (4), in addition to the $250,000 death benefit provided for under § 300aa-15(a)(2). The opinion below held that such compensation may be awarded; the government contends on appeal that such compensation may not be awarded because the death benefit is the sole remedy for a petitioner who dies as a result of the administration of a vaccine, and that claims for compensation under § 300aa-15(1), (3), and (4) do not survive the death of a vaccine-injured person under any circumstances.

The question of whether compensation under these subsections may be paid to the petitioner’s estate following her vaccine-related death presents a question of statutory interpretation, and requires an analysis of the text and structure of the applicable statute. Cf. Seymour v. Principi 245 F.3d 1377, 1379 (Fed.Cir.2001) (addressing the survivability of claims for veteran’s benefits under 38 U.S.C. § 1151); Richard v. West, 161 F.3d 719, 722 (Fed.Cir.1998) (“[Claimant’s] statutory argument cannot overcome the clear intent expressed by the structure and language of the statutory scheme at issue—that a veteran’s claim to disability benefits terminates at death.”). We review de novo the judgment of the court below on this question. Markovich v. Sec’y of Health & Human Servs., 477 F.3d 1353, 1355-56 (Fed.Cir.2007); see also 42 U.S.C. § 300aa-12(e)(2)(B).

The Program was established by the National Childhood Vaccine Injury Act of [1316]*13161986, Pub.L. No. 99-660, tit. Ill, 100 Stat. 3743, 3755 (1986) (“Vaccine Act”).

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516 F.3d 1312, 80 Fed. Cl. 1312, 2008 U.S. App. LEXIS 3106, 2008 WL 360997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zatuchni-v-secretary-of-health-and-human-services-cafc-2008.