Silva v. Secretary of Health & Human Services
108 Fed. Cl. 401
Fed. Cl.2012Background
- Ms. Silva, fourteen, received HPV vaccines on January 11 and March 8, 2007, and sought neurological treatment starting April 2007 for back pain and leg numbness.
- Neurologist diagnosed transverse myelitis, but another neurologist, Dr. Niesen, diagnosed conversion disorder excluding TM after extensive evaluation.
- Subsequent MRI studies (2008 and 2009) were negative for transverse myelitis, leading to conflicting diagnoses in the medical records.
- No physician stated that the HPV vaccine caused a vaccine-related injury; the status conference led to briefing on whether conversion disorder or demyelinating disease explained her symptoms.
- The special master denied compensation and attorneys’ fees due to no reasonable basis and lack of proper investigation before filing; appeal upheld the denial of fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of fees for lack of reasonable basis was proper | Silva argues the standard was misapplied and should be more lenient under Vaccine Act precedent. | Defendant contends the petition lacked a reasonable basis and was not supported by medical records or proper pre-filing investigation. | Affirmed denial of attorneys’ fees. |
| Whether the special master properly exercised discretion under the reasonable-basis standard | Discretion should align with ease-law; not overly stringent. | Special master appropriately used broad discretion to assess reasonable basis given no meritorious evidence. | Discretion affirmed; no abuse of discretion. |
| Whether the petition was brought in good faith and with a reasonable basis for the claim | Treating physicians diagnosed TM; arguments for reasonable basis based on records should survive. | Records and pre-filing review did not support the claim; attorneys failed to investigate adequately. | Petition lacked reasonable basis; fees denied. |
Key Cases Cited
- Saxton v. Sec’y of Dep’t of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (discretion sufficient when petition denied on merits; fee award not mandatory)
- Capizzano v. Sec’y of Health & Human Servs., 440 F.3d 1317 (Fed. Cir. 2006) (treating physician opinions favored; reasonable basis concerns in vaccine cases)
- Ferreira v. Sec’y of Dep’t of Health & Human Servs., 33 F.3d 1375 (Fed. Cir. 1994) (fees and costs denied where expert opinion not grounded in medical literature)