Stevens v. Secretary of Department of Health and Human Services

Jane Stevens (plaintiff) claimed she suffered neurological defects from the hepatitis B vaccine. Following the claims process under the National Vaccine Injury Compensation Program, Stevens brought her suit in the United States Court of Federal Claims against the secretary of the Department of Health and Human Services (DHHS) (defendant). [Ed.’s note: The National Vaccine Injury Compensation Program is a no-fault alternative to the traditional judicial system for individuals claiming vaccine injuries. An individual files a petition with the United States Court of Federal Claims against the secretary of the DHHS. The medical staff of the DHHS reviews the petition and makes a recommendation on whether compensation should be awarded from the National Vaccine Injury Compensation Fund. A court-appointed special master usually holds a hearing to decide whether the claimant should recover.] The DHHS filed a report recommending Stevens’s petition be denied on the ground of inadequate proof that the vaccine caused Stevens’s injuries. Stevens filed a motion for summary judgment, arguing that she showed adequate proof of causation, including scientific plausibility, absence of other causes, clinical assessments, and a temporal relationship between the vaccine and her diagnosis. The DHHS opposed Stevens’s motion, claiming Stevens showed inadequate proof of injury. The DHHS claimed that Stevens had to prove the vaccine caused her injury by showing evidence of direct causation, such as dispositive epidemiologic studies or showing that the hepatitis B vaccine left pathological markers, known as footprints, in Stevens’s body.