S.B. v. Secretary of Health and Human Services
14-918
| Fed. Cl. | Aug 25, 2016Background
- Petitioner Steven Brass filed a Vaccine Act petition alleging shingles and post‑herpetic neuralgia after an influenza vaccine administered October 26, 2011.
- Petitioner moved to amend the case caption to use only his initials (i.e., redact his name), claiming privacy and potential professional harm from public disclosure of certain medical information.
- Respondent opposed the motion.
- The Vaccine Program treats filings as confidential pre‑decision; only parties and adjudicators may view them until a ruling or decision is issued (Vaccine Rule 18(a); 42 U.S.C. § 300aa‑12(d)(4)(A)).
- The special master found the request premature because no ruling or decision has yet discussed facts that might warrant redaction, and Petitioner cited no authority permitting preemptive redaction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the caption should be redacted to initials now | Brass: public disclosure of medical details would harm him professionally and is private | HHS: opposed (argues motion improper/timeliness and no authority for preemptive redaction) | Denied as premature; invite renewal after a ruling specifying redactable facts |
| Whether the filing is properly styled as a motion to amend the caption | Brass styled it as an amendment to caption to redact his name | Respondent: implied that styling is improper; motion should be to redact | Court treated the filing as a motion to redact and rejected it on procedural grounds |
| Whether Vaccine Rules provide for adult petitioner anonymity | Brass: sought anonymity | HHS: no specific argument needed — cited rules govern confidentiality predecision | Court: Vaccine Rule 16(b) protects minors but there is no analogous rule for adults; no basis now for redaction |
| Whether early redaction is authorized without a decision discussing sensitive facts | Brass: requested proactive redaction to avoid later disclosure | HHS: opposed; procedural rules restrict access predecision but public posting may occur thereafter unless timely redaction sought then | Denied; petitioner may renew after a ruling identifying facts eligible for redaction |
Key Cases Cited
- United States v. Edwards, 241 F.R.D. 146 (E.D.N.Y. 2007) (permitted amendment of caption to correct a party’s legal name)
