Canuto v. Secretary of Health & Human Services
660 F. App'x 955
| Fed. Cir. | 2016Background
- D.A.C., born July 17, 2000, received multiple childhood vaccines (including DTP/DTaP and Hib) in the Philippines and after immigrating to the U.S.; developmental delays were noted by age 1 and autism diagnosed in 2004.
- Petitioners (Darius and Teresita Canuto) filed an autism vaccine claim under the National Vaccine Injury Act, joining the Omnibus Autism Proceedings and later pursuing an individual claim.
- Special Master denied compensation, finding petitioners failed to prove a causal link between the vaccines and autism under the Althen test.
- Key evidentiary items: medical records, parental affidavits, medical literature, and one petitioner expert (Dr. Levin); respondent presented an expert (Dr. Wiznitzer).
- The Special Master credited medical records over later parental affidavits, found Dr. Wiznitzer highly credible and Dr. Levin not credible (noting misidentification of vaccine type and speculative theory), and concluded the Althen prongs were unmet.
- The Court of Federal Claims affirmed; the Federal Circuit reviewed for legal error and arbitrary/capricious factual findings and affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner proved actual causation for a non‑Table injury under Althen | Vaccines (DTP/DTaP series) caused D.A.C.’s autism via vaccine‑related reactions | Petitioners failed to establish a medical theory, logical causal sequence, or temporal link; medical records do not support adverse vaccine reactions | Held: Petitioner failed all three Althen prongs; causation not proven |
| Weight and credibility of evidence (medical records vs. later affidavits) | Parental affidavits and submitted literature should be considered to show adverse reactions and seizures | Contemporaneous medical records, which show no recorded vaccine reactions or seizures, are more reliable | Held: Special Master reasonably credited medical records over later affidavits |
| Expert opinions and qualifications | Dr. Levin offered a causation opinion linking vaccines to autism | Government’s expert Dr. Wiznitzer (pediatric neurologist) was more qualified and persuasive; Levin’s opinion speculative and contained factual errors | Held: Special Master reasonably found Wiznitzer credible and Levin not credible; Levin’s opinion inadequate to satisfy Althen |
| Whether the Special Master failed to consider certain submitted theories/evidence (e.g., brain‑ion regulation) | Court overlooked or did not address evidence about brain‑ion regulation and other submitted materials | Special Master considered the voluminous submissions, found those theories lacked medical/expert basis and low evidentiary value | Held: No error; Special Master considered the record and gave rational reasons for discounting those theories |
Key Cases Cited
- LaLonde v. Sec'y of Health & Human Servs., 746 F.3d 1334 (Fed. Cir.) (standard of review and Vaccine Act precedent)
- Moberly v. Sec'y of Health & Human Servs., 592 F.3d 1315 (Fed. Cir.) (burden for proving causation beyond plausible link)
- W.C. v. Sec'y of Health & Human Servs., 704 F.3d 1352 (Fed. Cir.) (preponderance standard requires more than plausible causation)
- Althen v. Sec'y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir.) (three‑part test for causation-in-fact)
- Hines v. Sec'y of Health & Human Servs., 940 F.2d 1518 (Fed. Cir.) (special master must consider record and articulate rational basis)
- Munn v. Sec'y of Health & Human Servs., 970 F.2d 863 (Fed. Cir.) (appellate court should not reweigh evidence or credibility)
- Cucuras v. Sec'y of Health & Human Servs., 993 F.2d 1525 (Fed. Cir.) (contemporaneous medical records entitled to significant weight)