Doe/70 v. Secretary of the Department of Health & Human Services
2010 U.S. Claims LEXIS 887
| Fed. Cl. | 2010Background
- Petitioner sought compensation under the Vaccine Act for fibromyalgia allegedly caused by three Hepatitis B vaccines in 1998.
- A Special Master denied compensation on causation grounds in 2010, finding no prima facie link between vaccine and injury.
- Petitioner challenged the ruling as arbitrary and capricious, appealing to the Court of Federal Claims for review under 42 U.S.C. § 300aa-12(e).
- Petitioner’s history included preexisting back problems, chronic pain, depression, anxiety, sleep disturbances, and a family history of fibromyalgia.
- Dr. Bellanti urged a challenge-rechallenge theory linking the vaccine to fibromyalgia; Respondent’s expert Dr. Brenner offered an alternative onset theory tied to stress from back surgery.
- The court affirmed the Special Master, holding the factual findings were rational and supported by substantial evidence, and denial of relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of contemporaneous records vs. live testimony | Petitioner argues live testimony should prevail over later records. | Respondent contends contemporaneous medical records are more trustworthy than testimony. | Contemporaneous records control; records outweighed live testimony. |
| Validity of the challenge-rechallenge causation model | Bellanti’s theory fits a challenge-rechallenge pattern linking vaccine to fibromyalgia. | The model does not fit the record and timing fails to show a causal link. | Special Master rationally rejected challenge-rechallenge theory; no causal link proven. |
| Credibility and integration of expert theories | Bellanti’s theory should be accepted as the controlling causation theory. | Brenner’s onset-based theory better aligns with records and medical literature. | Court affirmed the Master’s selection of Brenner's theory over Bellanti. |
| Impact of Lee decision and stare decisis | Special Master was bound by prior Lee ruling on Hepatitis B causing fibromyalgia. | Stare decisis does not bind the Special Master to Lee; facts are distinguishable. | Special Master not bound by Lee; distinguishing facts justified denial. |
| Vaccine Injury Table and presumptions | Fibromyalgia-related symptoms could be connected via Table-listed injuries. | Fibromyalgia is not listed on the Table for Hepatitis B vaccine; causation must be proven. | No Table presumption; petitioner must prove actual vaccine causal link. |
Key Cases Cited
- Capizzano v. Sec’y of Health & Human Servs., 440 F.3d 1317 (Fed.Cir. 2006) (causation evaluated under a preponderance standard; weigh all evidence)
- Saunders v. Sec’y of Health & Human Servs., 25 F.3d 1031 (Fed.Cir. 1994) (arbitrary and capricious standard for review of Special Master findings)
- Munn v. Sec’y of Health & Human Servs., 970 F.2d 863 (Fed.Cir. 1992) (deferential review; does not reweigh evidence on appeal)
- Cucuras v. Sec’y of Health & Human Servs., 993 F.2d 1525 (Fed.Cir. 1993) (oral testimony conflicting with contemporaneous records given little weight)
- Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed.Cir. 2005) (three-prong causation test under preponderance standard)
- Zatuchni v. Sec’y of Health & Human Servs., 69 Fed.Cl. 612 (Fed.Cl. 2006) (recognizes successful use of vaccine-caused fibromyalgia in some petitions)