Deribeaux Ex Rel. Deribeaux v. Secretary of Health & Human Services
2013 U.S. App. LEXIS 11480
| Fed. Cir. | 2013Background
- Petitioners Deribeaux and Burshiem appeal a Court of Federal Claims judgment affirming a special master’s denial of Vaccine Act compensation for Madison Deribeaux’s alleged DTaP-related injuries.
- Madison suffered a first seizure the day after DTaP vaccination (March 28, 2002) and ongoing seizures thereafter, with SMEI/SCN1A mutation diagnosed years later.
- A 2005 petition sought compensation; a 2007 entitlement hearing led to a favorable decision for Deribeaux, directing damages.
- Genetic evidence (SCN1A mutation/SMEI) surfaced during damages; the Secretary sought to reopen and a second special master found the mutation was the sole substantial cause.
- Court of Federal Claims and this court upheld the special master’s application of the proper standard and the finding of alternative causation, affirming the denial of entitlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the special master applied the correct causation standard | Deribeaux argues Althen vs. Restatement conflict; seeks Restatement standard | Secretary argues Althen standard applies for off-Table injuries | Correct standard applied (Althen approach) |
| Whether SCN1A mutation established alternative causation | Genetic mutation caused SMEI and vaccine-triggered seizures | Mutation, not vaccine, caused all injuries; vaccination not causal | Secretary proved alternative causation; mutation sole substantial factor |
| Whether the burden-shifting framework was properly applied | Burden shift misapplied due to new genetic evidence | Burden shifted to Secretary to show unrelated factor caused injury | Proper application; Secretary met burden to show sole substantial unrelated factor |
Key Cases Cited
- Althen v. Secretary of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005) (three-prong test for off-Table causation in Vaccine Act cases)
- Shyface v. HHS, 165 F.3d 1344 (Fed. Cir. 1999) (Restatement standard adopted for actual causation)
- Knudsen v. HHS, 35 F.3d 543 (Fed. Cir. 1994) (Secretary must show unrelated factor is sole substantial cause)
- de Bazan v. Sec’y of Health & Human Servs., 539 F.3d 1347 (Fed. Cir. 2008) (unrelated factor must be sole substantial cause)
- Walther v. HHS, 485 F.3d 1146 (Fed. Cir. 2007) (Restatement-based causation standard in vaccine cases)
- Stone/Hammitt v. HHS, 676 F.3d 1373 (Fed. Cir. 2012) (affirms Restatement influence on Althen framework)
- Lampe v. HHS, 219 F.3d 1357 (Fed. Cir. 2000) (highly deferential review of special masters’ fact findings)
- Hodges v. HHS, 9 F.3d 958 (Fed. Cir. 1993) (deference to special master in causation determinations)