Cedillo v. Secretary of Health

Cedillo v. Secretary of Health & Human Services

NEGLIGENCE/INTENTIONAL HARM/VACCINE ACT

Cedillo v. Secretary of Health and Human Services (2009)

United Stated Court of Federal Claims

http://www.uscfc.uscourts.gov/sites/default/files/Cedillo_Opinion_Order.pdf

Plaintiff = Theresa and Michael Cedillo, Parents and Guardians of Michelle Cedillo

Defendant = United States Secretary of Health and Human Services

Procedural History: P. filed a claim for compensation under negligence under the Vaccine Act on December 9, 1998. P. asserted that the MMR vaccine given to daughter Michelle caused her to suffer an encephalopathy. On January 14, 2002, P changed their petition from "Table Injury" to "Causation in Fact" claim. P. alleged that vaccines containing thimerosaol, in combination with the MMR vaccine, cause autism, now diagnosed for Michelle by certified medical specialists.

P.'s case is one of approximately 5,000 Vaccine Act cases pending that allege autism, or similar disorder was caused by one or more of the Federally approved vaccines. In an effort to manage such a large group of cases, on July 3, 2002, an Omnibus Autism Proceeding was initiated, and this case agreed to be utilized as one of the test cases within the rubric of causation.

On February 12, 2009, Special Master ruled to deny the P's petition citing that they had failed to demonstrate that thimerosal containing vaccines harm the infant immune system in general, and specifically that thimerosal containing vaccines were the primary cause of Michelle's disability; and that the MMR vaccine causes autism in general and specifically for Michelle. Further, the ruling stated that Michelle's conglomerate issues were decidedly the cause of the vaccines.

On March 13, 2009, P's filed a motion for reconsideration, requesting an overturning of the February decision based on new evidence not available at the June 2007 hearing, ruled on in February 2009. Special Master denied the motion on March 16, 2009 because it was not filed within the 21-day period required by law. He also noted that even if the P's had filed their motion in time, it would not be in the interest of justice to withdraw his decision. On the same day, P's filed with the Court their motion for review of the Special Master's decision.

Facts: Michelle was born on August 30, 1994. Pregnancy and birth were uncomplicated and all medical records up to the vaccines (first 16 months of life) indicate medically verifiable normal health. Michelle experienced some typically childhood ailments; flu symptoms, etc., but at two months of age she was able to focus and follow a moving object; speak a few works at 12 months; crawl at the same time, and began walking at 16 months.