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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- SHALALA, SECRETARY OF HEALTH AND HUMAN
- SERVICES v. WHITECOTTON et al.
- certiorari to the united states court of appeals for
- the federal circuit
- No. 94-372. Argued February 28, 1995-Decided April 18, 1995
-
- Respondents, Margaret Whitecotton and her parents, filed a claim for
- compensation under the National Childhood Vaccine Injury Act,
- alleging that Margaret had suffered encephalopathy as a result of
- her vaccination against diphtheria, pertussis, and tetanus (DPT).
- Under the Act, a claimant who, like Margaret, does not attempt to
- prove actual causation must make out a prima facie case by show-
- ing that ``the first symptom or manifestation of the onset . . . of any
- . . . [listed] condition . . . 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). That table specifies a 3-day period for
- encephalopathy following a DPT vaccination. 300aa-14(a). The
- special master ruled that Margaret had failed to make out a prima
- facie case, finding, inter alia, that by the time she received her
- vaccination she was ``clearly microcephalic,'' that this condition
- evidenced pre-existing encephalopathy, and that, accordingly, ``the
- first symptom or manifestation'' of her condition's onset had oc-
- curred before her vaccination and the 3-day table period. The Court
- of Federal Claims affirmed, but the Court of Appeals for the Federal
- Circuit reversed, holding, among other things, that a claimant
- satisfies the table requirements whenever she shows that any
- symptom or manifestation of a listed condition occurred within the
- table time period, even if there was evidence of the condition before
- the vaccination.
- Held: A claimant who shows that she experienced symptoms of an
- injury after receiving a vaccination does not make out a prima facie
- case for compensation under the Act where the evidence fails to
- indicate that she had no symptoms of that injury before the vaccina-
- tion. The Court of Appeals' assertion that the Act does not ``ex-
- pressly state'' that a claimant relying on the table must show that
- the child sustained no injury prior to her vaccination-i.e., that the
- first symptom of the injury occurred after vaccination-simply does
- not square with 300aa-11(c)(1)(C)(i)'s plain language. If a symptom
- or manifestation of a table injury has occurred before the vaccina-
- tion, a symptom or manifestation thereafter 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. The Court of Appeals misread language in
- 300aa-14(a), 300aa-14(b)(2), and 300aa-13(a)(2)(B) in coming to the
- contrary conclusion. Pp. 5-7.
- 17 F. 3d 374, reversed and remanded.
- Souter, J., delivered the opinion for a unanimous Court. O'Con-
- nor, J., filed a concurring opinion, in which Breyer, J., joined.
-