Summary
This Federal Circuit opinion affirms the Court of Federal Claims' denial of compensation under the National Childhood Vaccine Injury Act for a petitioner who developed Guillain-Barré Syndrome following a flu vaccination. The court clarifies that a Table injury presumption of causation does not equate to actual causation and relieves the government of the burden to disprove the vaccine as a causal factor. Applying the Althen test, the court holds that the special master's findings identifying an alternative cause were supported by the record and not arbitrary or capricious.
Topics
Practice areas
Questions Presented
- Whether the special master applied the correct burden of proof to the government in a Table case under the Vaccine Act
- Whether the special master’s findings under the Althen test were arbitrary and capricious
Holdings
- The government bears the burden of proving by a preponderance of the evidence that a factor unrelated to the vaccine was the sole substantial cause of the injury, and the special master satisfied that burden; therefore the denial of compensation is affirmed.
- The special master’s factual findings were supported by the record, and his legal conclusions were not arbitrary or capricious; the decision is affirmed.
Key quotations
“In Vaccine Act cases, we review a ruling by the Court of Federal Claims de novo, applying the same standard that it applies in reviewing the decision of the special master.” (*1)
“The Vaccine Act distinguishes between so-called ‘Table injuries,’ for which causation is presumed when a designated condition follows the administration of a designated vaccine within a designated period of time, and all other injuries alleged to be caused by a vaccine, known as ‘off‑Table injuries,’ for which causation must be proved in each case.” (*5)
Factual background
Ronald E. White received a flu vaccine on November 1, 2017. In December 2017 he developed Guillain‑Barré Syndrome (GBS) after a respiratory infection that was later identified as Haemophilus influenzae. The special master concluded that the infection, not the vaccine, was the sole substantial factor causing the GBS and denied compensation under the Vaccine Act.
Procedural history
The petitioner filed a claim under the National Childhood Vaccine Injury Act in the Court of Federal Claims. A special master denied the claim, finding that the petitioner’s H. influenzae infection was the sole substantial factor causing Guillain‑Barré Syndrome. The Court of Federal Claims affirmed. The petitioner appealed to the Federal Circuit.