SIMANSKI v. Secretary of Health and Human Services
2012 U.S. App. LEXIS 4609
| Fed. Cir. | 2012Background
- Olivia Simanski, born November 2, 2000, received five vaccines on January 26, 2001 after a prior postponement for GI issues, and soon afterward developed severe respiratory and neurologic problems.
- Treating physicians diagnosed GBS or a GBS-like syndrome; Olivia required ventilation and face ongoing disability.
- Petition filed with the National Vaccine Injury Compensation Program on January 17, 2003; case treated as off-Table injury requiring proving causation by preponderance.
- Simanskis submitted medical records, an affidavit, and two expert reports (Dr. Maertens and Dr. Shoenfeld) supporting causation; Shoenfeld proposed autoimmune mechanisms.
- Special master encountered defects in Shoenfeld’s reports, held status conferences, and ordered supplemental disclosures to address causation theories and timing.
- Court proceedings eventually focused on whether the special master properly dismissed for noncompliance with discovery orders and whether the merits could be resolved under summary judgment procedures or a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 4(c) requires a respondent report after petition perfection | Simanskis: Rule 4(c) requires a respondent report after perfection | Secretary: Rule 4(c) scheduling discretion allows postponement | Rule 4(c) not mandatory after perfection; scheduling allows postponement |
| Whether the special master properly dismissed for noncompliance | Simanskis: dismissal was an improper sanction | Secretary: dismissal warranted for failure to comply with orders | Dismissal was improper; not justified as sole sanction; meritorious analysis needed |
| Whether the merits could be resolved under summary judgment standards | Evidence satisfied Althen; should grant compensation | Evidence insufficient; merits not proven | Merits must be evaluated under proper summary judgment standards or via hearing on the record on remand |
| Scope of the special master's authority in Vaccine Act proceedings | Record should be decided on merits with proper process | Special master can control discovery and sanctions | Special master exceeded limits when dismissing without proper summary-judgment analysis on the merits |
Key Cases Cited
- Moberly v. Sec'y of Health & Human Servs., 592 F.3d 1315 (Fed.Cir.2010) (causation in vaccine cases proven by preponderance; not require definitive mechanism)
- de Bazan v. Sec'y of Health & Human Servs., 539 F.3d 1347 (Fed.Cir.2008) (temporal relationship essential to link vaccine to injury; allowable dispute respect to onset timing)
- Knudsen v. Sec'y of the Dep't of Health & Human Servs., 35 F.3d 543 (Fed.Cir.1994) (causation can be established without detailing biological mechanisms; preponderance suffices)