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Floyd v. Secretary of Health and Human Services
13-556
| Fed. Cl. | Apr 7, 2017
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Background

  • Petitioner Korey Floyd filed a Vaccine Act petition alleging a neurological demyelinating injury from a 10/18/2012 trivalent influenza vaccine.
  • The parties stipulated to compensation and the special master issued a written decision awarding compensation on May 2, 2016.
  • On May 13, 2016, Floyd moved to redact his name from the published decision, citing privacy concerns and quoting part of 42 U.S.C. § 300aa-12(d)(4)(B).
  • The Secretary opposed redaction, arguing the Vaccine Act generally requires disclosure of special master decisions and that petitioners know this when filing; redaction requires a special showing.
  • The special master reviewed the full statutory text and concluded the statute permits redaction only for trade secrets, privileged/confidential commercial or financial information, or medical/similar files whose disclosure would be a clearly unwarranted invasion of privacy. Floyd did not argue his name fit those categories or make a special factual showing.
  • The motion to redact was denied; the May 2, 2016 decision will be posted publicly per Vaccine Rule 18(b).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether petitioner’s name should be redacted from a published Vaccine Act decision Floyd: privacy interests warrant redaction; statute allows removing information when the submitter objects Secretary: statute presumes disclosure; redaction requires a qualifying category (trade secret, privileged/confidential commercial/financial info, or medical/similar files) or a special showing Denied — petitioner’s name does not fall within statutory categories and no special factual showing was made

Key Cases Cited

  • W.C. v. Sec’y of Health & Human Servs., 100 Fed. Cl. 440 (2011) (discussing when privacy interests may support redaction of Vaccine Program decisions)
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Case Details

Case Name: Floyd v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Apr 7, 2017
Docket Number: 13-556
Court Abbreviation: Fed. Cl.