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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-372
- --------
- DONNA E. SHALALA, SECRETARY OF HEALTH
- AND HUMAN SERVICES, PETITIONER v.
- MARGARET WHITECOTTON et al.
- on writ of certiorari to the united states court
- of appeals for the federal circuit
- [April 18, 1995]
-
- Justice Souter delivered the opinion of the Court.
- The question in this case is whether a claimant who
- shows that she experienced symptoms of an injury after
- receiving a vaccination makes out a prima facie case for
- compensation under the National Childhood Vaccine
- Injury Act, 100 Stat. 3755, 42 U. S. C. 300aa-1 et seq.
- (1988 ed. and Supp. V), where the evidence fails to
- indicate that she had no symptoms of that injury before
- the vaccination. We hold that the claimant does not
- make out a case for compensation.
-
- I
- For injuries and deaths traceable to vaccinations, the
- Act establishes a scheme of recovery designed to work
- faster and with greater ease than the civil tort system.
- H. R. Rep. No. 99-908, pp. 3-7 (1986). Special masters
- in the Court of Federal Claims hear vaccine-related
- complaints, 42 U. S. C. 300aa-12(c) (1988 ed., Supp. V),
- which they adjudicate informally, 300aa-12(d)(2), within
- strict time limits, 300aa-12(d)(3)(A), subject to similarly
- expeditious review, 300aa-12(e)(2). A claimant alleging
- that more than $1,000 in damages resulted from a
- vaccination after the Act's effective date in 1988 must
- exhaust the Act's procedures and refuse to accept the
- resulting judgment before filing any de novo civil action
- in state or federal court. 42 U. S. C. 300aa-11(a)
- (1988 ed. and Supp. V).
- The streamlining does not stop with the mechanics of
- litigation, but goes even to substantive standards of
- proof. While a claimant may establish prima facie
- entitlement to compensation by introducing proof of
- actual causation, 300aa-11(c)(1)(C)(ii), she can reach
- the same result by meeting the requirements of what
- the Act calls the Vaccine Injury Table. The table lists
- the vaccines covered under the Act, together with
- particular injuries or conditions associated with each
- one. 42 U. S. C. 300aa-14 (1988 ed., Supp. V). A
- claimant who meets certain other conditions not relevant
- here makes out a prima facie case by showing that she
- (or someone for whom she brings a claim) -sustained, or
- had significantly aggravated, any illness, disability,
- injury, or condition set forth in the Vaccine Injury Table
- in association with [a] vaccine . . . or died from the
- administration of such vaccine, and the first symptom or
- manifestation of the onset or of the significant aggrava-
- tion of any such illness, disability, injury, or condition or
- the death occurred within the time period after vaccine
- administration set forth in the Vaccine Injury Table.-
- 42 U. S. C. 300aa-11(c)(1)(C)(i). Thus, the rule of
- prima facie proof turns the old maxim on its head by
- providing that if the post hoc event happens fast, ergo
- propter hoc. The Secretary may rebut a prima facie case
- by proving that the injury or death was in fact caused
- by -factors unrelated to the administration of the vaccine
- . . . .- 300aa-13(a)(1)(B). If the Secretary fails to
- rebut, the claimant is entitled to compensation. 42
- U. S. C. 300aa-13(a)(1) (1988 ed. and Supp. V).
- Respondents, Margaret Whitecotton and her parents,
- filed a claim under the Act for injuries Margaret
- allegedly sustained as a result of vaccination against
- diphtheria, pertussis, and tetanus (or DPT) on August
- 18, 1975, when she was nearly four months old. They
- alleged that Margaret (whom we will refer to as claim-
- ant) had suffered encephalopathy after the DPT vaccina-
- tion, and they relied on the table scheme to make out a
- prima facie case. The Act defines encephalopathy as
- -any significant acquired abnormality of, or injury to, or
- impairment of function of the brain,- 42 U. S. C.
- 300aa-14(b)(3)(A), and lists the condition on the
- Vaccine Injury Table in association with the DPT
- vaccine. Under the Act, a claimant who does not prove
- actual causation must show that -the first symptom or
- manifestation of the onset or of the significant aggrava-
- tion- of encephalopathy occurred within three days of a
- DPT vaccination in order to make out a prima facie
- right to compensation. 300aa-11(c)(1)(C)(i); 42 U. S. C.
- 300aa-14(a) (1988 ed., Supp. V).
- The Special Master found that the claimant had
- suffered clonic seizures on the evening after her vaccina-
- tion and again the following morning, App. to Pet. for
- Cert. 24a, 27a, and accepted those seizures as symptoms
- of encephalopathy. He also found, however, that by the
- time the claimant received the vaccination she was
- -clearly microcephalic- (meaning that she had a head
- size more than two standard deviations below the mean
- for a girl her age) and that her microcephaly was a
- symptom or evidence of encephalopathy that existed
- before the vaccination. Id., at 32a-33a. Accordingly,
- the Master concluded that the first symptom or manifes-
- tation of the onset of claimant's encephalopathy had
- occurred before the vaccination and the ensuing three-
- day period provided for in the table. Id., at 34a.
- The Master then considered whether the series of
- seizures was -the first symptom or manifestation . . . of
- [a] significant aggravation- of the claimant's encephalop-
- athy, 42 U. S. C. 300aa-11(c)(1)(C)(i), and again
- decided that it was not. The Act defines -significant
- aggravation- as -any change for the worse in a preexist-
- ing condition which results in markedly greater disabil-
- ity, pain, or illness accompanied by substantial deterio-
- ration of health.- 300aa-33(4). The Master found that
- -[t]here is nothing to distinguish this case from what
- would reasonably have been expected considering
- [claimant's] microcephaly . . . . [T]here was nothing that
- occurred in temporal relationship to the DPT vaccination
- which indicates that it is more likely than not that the
- vaccine permanently aggravated her condition . . . .
- [T]he seizures did not continue and there was no
- dramatic turn for the worse in her condition . . . . Thus,
- there is no basis for implicating the vaccine as the cause
- of any aspect of [claimant's] present condition.- App. to
- Pet. for Cert. 41a-43a. Because he found that the
- claimant had failed to satisfy the table requirements,
- and had not tried to prove actual causation, the Master
- denied her compensation for failure to make out a prima
- facie case.
- The Court of Federal Claims found the Master's
- decision neither arbitrary nor otherwise unlawful, see 42
- U. S. C. 300aa-12(e)(2) (1988 ed., Supp. V), and
- affirmed. The Court of Appeals for the Federal Circuit
- then reversed, holding that a claimant satisfies the table
- requirements for the -first symptom or manifestation of
- the onset- of an injury whenever she shows that any
- symptom or manifestation of a listed condition occurred
- within the time period after vaccination specified in the
- table, even if there was evidence of the condition before
- the vaccination. Because claimant here showed symp-
- toms of encephalopathy during the 3-day period after her
- DPT vaccination, the Court of Appeals concluded for that
- reason alone that she had made out a prima facie
- entitlement to recovery. 17 F. 3d 374, 376-377 (1994).
- The Court of Appeals went on to say that the Secre-
- tary had failed to rebut this prima facie case because
- she had not shown that claimant's encephalopathy was
- caused by -factors unrelated to the administration of the
- vaccine,- 42 U. S. C. 300aa-13(a)(1)(B). The Court of
- Appeals relied on the provision that a -facto[r] un-
- related- cannot include an -idiopathic- condition,
- 300aa-13(a)(2)(A), which the court read to mean that
- even when the Secretary can point to a specific factor,
- unrelated to the vaccine, as the source of a claimant's
- injury, she does not defeat a prima facie case when the
- cause of the identified factor is itself unknown. Taking
- the Secretary to have relied on claimant's microcephaly
- as the unrelated factor (or as associated with it), the
- court ruled the Secretary's evidence insufficient on the
- ground that the cause of microcephaly is unknown. 17
- F. 3d, at 377-378.
- We granted certiorari to address the Court of
- Appeals's construction of the Act's requirements for
- making and rebutting a prima facie case. Because we
- hold that the court erroneously construed the provisions
- defining a prima facie case under the Act, we reverse
- without reaching the adequacy of the Secretary's
- rebuttal.
-
- II
- The Court of Appeals declared that nowhere does the
- Act -expressly state- that a claimant relying on the table
- to establish a prima facie case for compensation must
- show -that the child sustained no injury prior to
- administration of the vaccine,- that is, that the first
- symptom of the injury occurred after vaccination. 17
- F.3d, at 376. This statement simply does not square
- with the plain language of the statute. In laying out
- the elements of a prima facie case, the Act provides that
- a claimant relying on the table (and not alleging signifi-
- cant aggravation) must show that -the first symptom or
- manifestation of the onset . . . of [her table illness] . . .
- occurred within the time period after vaccine admin-
- istration set forth in the Vaccine Injury Table.-
- 300aa-11(c)(1)(C)(i). If a symptom or manifestation of
- a table injury has occurred before a claimant's vaccina-
- tion, a symptom or manifestation after the vaccination
- cannot be the first, or signal the injury's onset. There
- cannot be two first symptoms or onsets of the same
- injury. Thus, a demonstration that the claimant
- experienced symptoms of an injury during the table
- period, while necessary, is insufficient to make out a
- prima facie case. The claimant must also show that no
- evidence of the injury appeared before the vaccination.
- In coming to the contrary conclusion, the Court of
- Appeals relied on language in the table, which contains
- the heading, -Time period for first symptom or manifes-
- tation of onset . . . after vaccine administration.- 42
- U. S. C. 300aa-14(a) (1988 ed., Supp. V). The Court of
- Appeals saw a -significant- distinction, 17 F. 3d, at
- 376, between this language and that of 42 U. S. C.
- 300aa-11(c)(1)(C)(i), which is set forth above. We do
- not. The key to understanding the heading is the word
- -onset.- Since the symptom or manifestation occurring
- after the vaccination must be evidence of the table
- injury's onset, an injury manifested before the vaccina-
- tion could qualify only on the theory that it could have
- two onsets, one before the vaccination, one after it. But
- it cannot: one injury, one onset. Indeed, even if the
- language of the heading did conflict with the text of
- 300aa-11(c)(1)(C)(i), the latter would prevail, since the
- table heading was obviously meant to be a short form of
- the text preceding it.
- The Court of Appeals sought to shore up the contrary
- conclusion with two further arguments. As the court
- read the Act, Congress -expressly made the absence of
- preexisting injury an element of the prima facie case-
- for residual seizure disorder (another table injury), 17
- F. 3d at 376; thus, the court reasoned, Congress had
- implicitly rejected any need to negate the pre-existence
- of other injuries like encephalopathy. This argument
- rests on a misreading of the language in question. The
- statutory notes explaining the table provide that a
- claimant -may be considered to have suffered a residual
- seizure disorder if [she] did not suffer a seizure or
- convulsion unaccompanied by fever or accompanied by a
- fever of less than 102 degrees Fahrenheit before the first
- seizure or convulsion after the administration of the
- vaccine involved . . . .- 300aa-14(b)(2). But this is not
- the language that requires a claimant alleging a seizure
- disorder to demonstrate the absence of pre-existing
- symptoms. This provision specifies instead that certain
- types of seizures (those accompanied by a high fever)
- may not be considered symptoms of residual seizure
- disorder, and, so, do not preclude a prima facie case
- even when a claimant suffered them before vaccination.
- The language carries no implication about a claimant's
- burden generally and does nothing to undermine
- Congress's global provision that a claimant who has
- actually suffered symptoms of a listed injury before
- vaccination cannot make out a prima facie case of the
- injury's onset after vaccination.
- Finally, we cannot accept the Court of Appeals's argu-
- ment that because the causal -factors unrelated- on
- which the Secretary may rely to defeat a prima facie
- case can include occurrences before vaccination, see
- 300aa-13(a)(2)(B), such occurrences cannot bar the
- establishment of a prima facie case in the first instance.
- The -factors unrelated- provision is wholly independent
- of the first-symptom and onset provisions, serving the
- distinct purpose of allowing the Secretary to defeat a
- claim even when an injury has not manifested itself
- before vaccination. It does not relieve a claimant of the
- clear statutory requirements for making out a prima
- facie case.
-
- III
- The judgment of the Court of Appeals for the Federal
- Circuit is accordingly reversed and the case remanded
- for further proceedings consistent with this opinion.
-
- It is so ordered.
-