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Quigley v. Rider12/22/2003
Heard October 9, 2003
AFFIRMED
Keith P. Quigley, individually, and Donna Quigley, individually and on behalf of her minor child, Kealy Quigley ("Kealy"), brought this medical malpractice suit against John A. Rider, M.D. and Medical Park Pediatricians, P.A. (collectively "Rider"), alleging Rider committed malpractice by negligently administering a second and third diphtheria-pertussis-tetanus ("DPT") shot to Kealy after she displayed an adverse reaction to the first shot. The circuit court dismissed the suit, holding the court did not have subject matter jurisdiction because Kealy's injuries were vaccine-related and were thus barred by the National Childhood Vaccine Injury Compensation Act, 42 U.S.C.A. § 300aa-1 to 300aa-34 (1988 as amended) ("the Act"). Donna Quigley appeals on behalf of Kealy ("Quigley"), arguing Kealy's injuries were not vaccine-related and Rider is equitably estopped from asserting the Act as a bar to the litigation. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
Rider gave Kealy her first DPT shot in December 1988. Shortly thereafter, Kealy had adverse reactions to the shot. Quigley alleges that Rider knew of these adverse reactions but administered a second and third DPT shot to Kealy, both of which manifested corresponding adverse reactions. Subsequently, Kealy was diagnosed with severe mental and physical retardation, which Quigley attributes to the DPT shots.
Quigley filed this action, alleging Rider was negligent by administering the second and third DPT shots. Additionally, the complaint alleged Rider negligently failed to: 1) notify the Secretary of the Department of Health and Human Services ("the Secretary") regarding Kealy's reactions to the shots pursuant to 42 U.S.C.A. §§ 300aa-25(a) & (b); and 2) inform Quigley of the dangers of the vaccine pursuant to 42 U.C.S.A. §§ 300aa-26(c) & (d).
Rider moved for dismissal, arguing the circuit court lacked subject matter jurisdiction over the claim. The court granted the motion, ruling the Act required Quigley to file a petition with the Federal Claims Court prior to seeking state court remedies. Quigley appeals.
LAW/ANALYSIS
I. General Overview of the Act
Congress created the Act in 1986 for the purpose of establishing an efficient scheme of recovery for injuries and deaths traceable to vaccines, while providing protection for manufacturers and administrators of the vaccines. See H.R. Rep. No. 99-908, at 4 (1986), reprinted in, 1986 U.S.C.C.A.N. 6344, 6345 ("While most of the Nation's children enjoy greater benefit from immunization programs, a small but significant number have been gravely injured. These children are often without a source of payment or compensation for their medical and rehabilitative needs, and they and their families have resorted in greater numbers to the tort system for some form of financial relief."); Shalala v. Whitecotton, 514 U.S. 268, 269-70 (1995) (citing H.R. Rep. No. 99-908, at 3-7 (1986)) ("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."); Schafer v. American Cyanamid Co., 20 F.3d 1, 4 (1st Cir. 1994) ("The Act seeks to achieve its cost-reducing purpose, not by denying compensation to victims... but by reducing the litigation and insurance costs related to lengthy, complex tort procedures and random large tort awards. The Act therefore imposes substantive and procedural limitations upon tort actions."); see also H.R. Rep. No. 99-908, at 6-7 (1986), reprinted in, 1986 U.S.C.C.A.N. 6344, 6348-49 (stating one of the primary purposes of the Act is to protect the vaccine mark
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