Burch v. Secretary of Health & Human Services
Court of Federal Claims
2001 WL 180129 (2001)
Facts
Shon Burch (plaintiff) received a vaccination for measles, mumps, and rubella while pregnant with her daughter, Sabian. Sabian was born with Aicardi’s Syndrome, a neurological disease. Burch sued the Secretary of Health and Human Services (the secretary) (defendant) under the National Vaccine Injury Compensation Program (the program), alleging that the vaccine given to Burch caused Sabian’s disease. The program provided compensation for injuries sustained by someone who had “received” a vaccination. The question was thus whether Sabian had received the vaccination in utero. The secretary argued that the statute providing relief under the program should be construed narrowly because it would amount to a waiver of the government’s sovereign immunity. Burch argued that the program was remedial legislation, which should be construed broadly.
Rule of Law
Issue
Holding and Reasoning (Hastings, J.)
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