Zatuchni v. Secretary of Health & Human Services

69 Fed. Cl. 612, 2006 U.S. Claims LEXIS 53, 2006 WL 465798
CourtUnited States Court of Federal Claims
DecidedFebruary 9, 2006
DocketNo. 94-58V
StatusPublished
Cited by17 cases

This text of 69 Fed. Cl. 612 (Zatuchni v. Secretary 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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Zatuchni v. Secretary of Health & Human Services, 69 Fed. Cl. 612, 2006 U.S. Claims LEXIS 53, 2006 WL 465798 (uscfc 2006).

Opinion

OPINION AND ORDER

WHEELER, Judge.2

Introduction

This case is before the Court for review of the Special Master’s May 6, 2005 Decision denying E. Barbara Snyder’s Petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l et seq. (the “Vaccine Act”). The substituted Petitioner, Dory Zatuchni, is the legal representative of the estate of Barbara Snyder, appointed by the Register of Wills of New Castle County, Delaware on December 20, 2005. Barbara Snyder died in Delaware on April 28, 2005. At issue is whether Ms. Snyder’s estate is entitled to compensation under the Vaccine Act for injuries allegedly caused by a measles, mumps, and rubella vaccination administered to Ms. Snyder in 1992.

For the reasons stated below, the Court concludes that the Special Master’s Decision is not in accordance with law, particularly in light of the Federal Circuit’s decision in Al-then v. Sec’y of Health and Human Services, 418 F.3d 1274 (Fed.Cir.2005), issued after the Special Master’s Decision in this case. The Special Master set the burden of proof bar too high for Petitioner, and not high enough for Respondent. The Court sets aside the Special Master’s Decision, and issues its own findings of fact and conclusions of law on entitlement. 42 U.S.C. § 300aa-12(e)(2)(B). The Court remands to the Special Master for further proceedings to determine compensation, consistent with this opinion.

Factual Background3

Barbara Snyder was bom on June 15, 1946.4 The record before the Court does not indicate any unusual medical history for Ms. Snyder until February 10, 1992, when at the age of 45, she received a measles, mumps, and rubella (“MMR”) vaccination.5 (Petitioner’s Exhibit 15 at 9 [hereinafter “Pet. Exh.”]). At the time of her vaccination, Ms. Snyder worked for the Atlantic City Medical Center in New Jersey as a receptionist and registrar. Id. at 3, 7.

According to Ms. Snyder’s sworn affidavit, dated November 10, 1992, her employer asked her in October 1991 to have an MMR vaccination because her pre-employment physical and blood work showed that she was not immune to rubella.6 Id. at 8. Ms. Snyder initially told both her Employee Health Coordinator and one of the resident physicians at the Atlantic City Medical Center that she did not want the MMR vaccination because she “had been told by [her] mother that [she] had had a bad reaction to a vaccination as a child.” Id. However, with both of her parents deceased, and without any memory of specific childhood vaccinations, or access to her early medical records, Ms. Snyder was unable to provide documentation of [614]*614the reactions she had experienced or the vaccines she had received. Id. After further requests from the Atlantic City Medical Center, including a January 27, 1992 certified letter stating that she would “risk restriction from work without pay until immunized” (Pet.Exh. 2), Ms. Snyder relented. (Pet. Exh. 15 at 8). Even on the day she was to be vaccinated, when Ms. Snyder still did not want the MMR immunization, her manager told her that she “had to get the vaccine” or she “couldn’t work at Atlantic City Medical Center because it was hospital policy.” Id. Fearful of losing her job, Ms. Snyder reluctantly agreed to be vaccinated. The Employee Health Coordinator administered the MMR vaccination to her on February 10, 1992. Id. at 9.

According to Ms. Snyder’s 1992 affidavit, within hours of receiving the MMR vaccination, she experienced “a thick itchy tongue and throat and sore, burning eyes.” Id. She took Benadryl at the end of the day to help relieve these symptoms. Id. Within one week of receiving the MMR vaccine, Ms. Snyder broke out in a rash. Id. Within two weeks of receiving the MMR vaccine, she began experiencing swollen lymph nodes and diffuse achiness throughout her body, particularly in her hips, knees, and wrists. Id. at 10. She also began running a fever. Id.

On February 28, 1992, 18 days after receiving the MMR vaccine, Ms. Snyder visited Dr. Michele Anthony to inquire about a nicotine patch to help her quit smoking.7 Id. During that visit, Ms. Snyder also reported that, since the vaccination, she had experienced the onset of a rash, slight fever, “thick throat,” swollen lymph nodes, and joint pains. (Pet. Exh. 3 at 2). The rash was gone by the time of Dr. Anthony’s February 28, 1992 examination, but Ms. Snyder still was experiencing pain in some joints, including her hips, knees, and wrists. (Pet. Exh. 3 at 2). Dr. Anthony recorded as one of her “impressions” during that visit “[ajcute rubella [secondary] to vaccine,” indicating that Ms. Snyder was suffering from acute rubella caused by the rubella portion of her MMR vaccine. Id. at 3.

Ms. Snyder returned to see Dr. Anthony on March 5 and March 10, 1992. (Pet. Exh. 15 at 10). On March 5, Dr. Anthony again recorded that Ms. Snyder suffered from “acute rubella syndrome [secondary] to vaccine given by Employee Health,” and further noted that Ms. Snyder “is suffering from diffuse arthralgia.”8 (Pet. Exh. 3 at 6). Dr. Anthony ordered bed rest, and Ms. Snyder remained in bed from Thursday evening, March 5, through Monday, March 9, 1992. (Pet. Exh. 15 at 10).

According to Ms. Snyder’s 1992 affidavit, despite the four days of bed rest, her condition worsened. Id. She now had severe pain upon motion in both wrists, both shoulders, both knees, and both ankles. Id. On March 10, 1992, following a further examination of Ms. Snyder, Dr. Anthony recorded in her notes that Ms. Snyder was reporting “increased arthralgia.” (Pet. Exh. 3 at 8). Dr. Anthony found “synovial thickening”9 and “bogginess” in Ms. Snyder’s right wrist. Id. She recorded in the “Assessment” section of her medical report that Ms. Snyder “continues to have acute Rubella syndrome secondary to vaccination.” Id. Dr. Anthony recommended continued bed rest and a “follow-up in one week’s time.” Id. She prescribed the anti-inflammatory drug Ansaid in doses of 100 mg every 4-6 hours. Id.; (Pet. Exh. 4 at 1).

On March 16, 1992, following further bed rest, Ms. Snyder visited Dr. Ana Cilursu, a rheumatologist recommended by Dr. Anthony. (Pet. Exh. 15 at 11; see supra note 5). After examining Ms. Snyder, and taking extensive notes, Dr. Cilursu recorded in the “Impressions” section of her report that Ms. Snyder suffers from “[p]ersistent arthralgias [615]*615with recent subjective evidence of arthritis, most likely as a result of vaccination for rubella.” (Pet. Exh. 4 at 1). Dr. Cilursu noted a “temporal association” between the vaccination and the joint pains, and concluded that “the classic symptoms make the diagnosis of post-vaccination reactive arthritis most likely in this case.” Id. at 1-2. Dr. Cilursu also noted that “there was no evidence of acute synovitis, although the elbows were both tender.” Id. at 1. Dr.

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69 Fed. Cl. 612, 2006 U.S. Claims LEXIS 53, 2006 WL 465798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zatuchni-v-secretary-of-health-human-services-uscfc-2006.