Heyer v. Secretary of Health and Human Services
15-1128
| Fed. Cl. | Dec 8, 2016Background
- Kathleen Heyer filed a pro se Vaccine Program petition alleging an October 8, 2012 influenza vaccine caused ongoing diffuse inflammation; she later moved to dismiss after investigation.
- A decision dismissing the petition for insufficient proof was issued on February 4, 2016.
- Heyer sought reimbursement of filing fee and mailing costs ($484.13) after dismissal.
- Respondent opposed payment, arguing that without evidentiary support at filing there was no reasonable basis for the claim under 42 U.S.C. § 300aa-15(e)(1).
- The Special Master ordered Heyer to file supporting medical records; she submitted two notes from Dr. Ghosh stating she should not receive influenza vaccine due to a prior reaction.
- The Special Master found no bad faith and that the submitted records, while insufficient to prevail, provided an objective reasonable basis for filing and awarded $484.13 in costs to Heyer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unsuccessful petitioner may recover reasonable costs when petition lacked full evidentiary support | Heyer submitted post-filing medical records showing provider advised against future flu vaccines due to prior reaction, supporting reasonable basis | Respondent: no evidence was submitted with petition to show reasonable basis; without evidence the court cannot find reasonable basis or good faith | The Special Master presumed good faith and, considering submitted records, found an objective reasonable basis and awarded costs |
| Standard for reasonable basis on unsuccessful petitions | Petition argued the provider records show a medical recognition of adverse reaction sufficient for reasonable basis | Respondent argued reasonable basis requires evidentiary support and petitioner provided none at filing | Held that reasonable basis is an objective, totality-of-circumstances standard, lower than preponderance; the records met that lower standard |
| Whether minimal (de minimis) claims alter reasonable-basis analysis | Heyer implicitly relied on small amount sought and the submitted records to justify award | Respondent did not contest amount, only legal basis to award | Court noted de minimis amount and found lower evidentiary showing acceptable to establish reasonable basis |
| Allocation and payment of costs after dismissal | Heyer requested filing fee and mailing costs payable to petitioner | Respondent had no dispute over amount but contested legal authority to pay absent reasonable basis | Award ordered: $484.13 to be paid to petitioner |
Key Cases Cited
- Chuisano v. United States, 116 Fed. Cl. 276 (discusses reasonable-basis standard as less than preponderance and special master's discretion)
- Cloer v. Sec’y of HHS, 675 F.3d 1358 (remedial statutes like Vaccine Act should be construed to effectuate purpose)
- Grice v. Sec’y of HHS, 36 Fed. Cl. 114 (establishes presumption of good faith for petitioners)
- Silva v. Sec’y of HHS, 108 Fed. Cl. 401 (reasonable-basis is objective and totality-based)