Figueroa Ex Rel. Estate of Figueroa v. Secretary of Health & Human Services
2013 U.S. App. LEXIS 8839
| Fed. Cir. | 2013Background
- Mr. Figueroa received the influenza vaccine on Oct. 28, 2008 and developed Guillain-Barré syndrome within 20 days; the injury is off-Table and requires showing vaccine-causation under Althen.
- Mr. Figueroa died in Apr. 2010 from pancreatic cancer, a non-vaccine-related cause; his widow, Stephanie Vino Figueroa, became personal representative of his estate.
- On Nov. 1, 2010, the estate filed a Vaccine Act petition seeking compensation for vaccine-related neurologic injuries prior to death; no death benefit was sought.
- The Secretary moved to dismiss the petition for lack of standing under 42 U.S.C. § 300aa-11(b)(1)(A), arguing the statute lists only certain allowable petitioners.
- The Court of Federal Claims affirmed, and Figueroa appealed arguing that the injury claim survived death and that the estate may file as personal representative; the Federal Circuit reverses and remands.
- The court holds that vaccine-related injury claims survive the decedent’s death and that the decedent’s personal representative may file a petition on the estate’s behalf for those surviving claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a vaccine-related injury survives death and may be pursued by a decedent’s estate | Figueroa: injury survives and PR may sue | HHS: no survivorship for post-death non-vaccine death | Yes; injury survives and PR may file |
| Whether the personal representative may file the petition after death for the surviving injury | PR may file on estate’s behalf | Statutory list is exclusive | Yes; PR may file post-death petition |
| Whether remedial federal claims are presumptively survivable absent explicit statutory language | Survivorship should be presumed for remedial claims | No presumption; requires express provision | Survivorship applies to this remedial claim |
Key Cases Cited
- Zatuchni v. Sec’y of Health & Human Servs., 516 F.3d 1312 (Fed. Cir. 2008) (discussed standing and survivorship in Vaccine Act context)
- Cloer v. Sec’y of Health & Human Servs., 654 F.3d 1322 (Fed. Cir. 2011) (en banc; remedial nature and equal treatment under the Act)
- Cloer v. Sec’y of Health & Human Servs., 675 F.3d 1358 (Fed. Cir. 2012) (en banc discussion of survivorship and deceased-vaccine context)
- Phillips v. Shinseki, 581 F.3d 1358 (Fed. Cir. 2009) (EAJA fees survivorship; remedial claim survival doctrine)