Hill v. Secretary of Health and Human Services
15-687
| Fed. Cl. | Nov 20, 2017Background
- Petitioner Whitney Hill filed a Vaccine Act petition on behalf of her deceased minor child C.T., alleging vaccines received on June 9, 2013 (IPV, Hepatitis B, DTaP, Hib, PCV13, rotavirus) caused injuries and death.
- Petitioner did not allege a Table injury; the claim was an "off-Table" causation claim requiring proof by a preponderance of the evidence.
- The Vaccine Act permits recovery for off-Table claims if petitioner shows the vaccine was a substantial and but-for cause and that residuals lasted >6 months.
- The governing evidentiary standard requires trustworthy expert testimony supported by medical literature or scientific studies to establish causation in fact.
- After evaluating the record, the Special Master found petitioner failed to present adequate expert-supported evidence linking the vaccinations to C.T.’s injuries or death and granted dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner proved vaccines caused C.T.’s injuries/death (off-Table causation) | Vaccinations on June 9, 2013 were the cause of C.T.’s injuries and death | Petitioner failed to provide reliable expert proof or literature showing causation | Dismissed for insufficient proof of causation by preponderance |
| Whether petitioner met Vaccine Act proof requirements for off-Table claim | Offered expert theory (implicitly) that vaccines caused harm | Respondent argued legal standard requires expert testimony tied to medical literature/scientific support | Court held petitioner did not meet the Althen/LaLonde standards requiring reputable medical/scientific explanation |
| Whether residual effects lasted more than six months as required by statute | Allegation of injuries leading to death (no Table claim) | Burden on petitioner to prove residual effects >6 months when applicable | Not reached substantively because causation not established; overall claim dismissed |
| Whether presumptive causation (Table) applies | Petitioner did not assert a Table injury | Respondent denied Table entitlement because no listed injury alleged | No Table claim; off-Table standard applied and failed |
Key Cases Cited
- Capizzano v. Secretary of Health & Human Services, 440 F.3d 1317 (Fed. Cir. 2006) (describes presumptive causation for Table injuries and standards for off-Table claims)
- Althen v. Secretary of Health & Human Services, 418 F.3d 1274 (Fed. Cir. 2005) (sets three-part test for proving causation in fact for off-Table vaccine claims)
- LaLonde v. Secretary of Health & Human Services, 746 F.3d 1334 (Fed. Cir. 2014) (requires trustworthy expert testimony supported by medical literature for causation)
- Pafford v. Secretary of Health & Human Services, 451 F.3d 1352 (Fed. Cir. 2006) (explains ‘‘substantial factor’’ and but-for causation principles in Vaccine Program cases)
- Shyface v. Secretary of Health & Human Services, 165 F.3d 1344 (Fed. Cir. 1999) (requires scientific studies or expert medical testimony to demonstrate causation)