Schafer v. American Cyanamid Co. case brief

Schafer v. American Cyanamid Co. case brief

20 F.3d 1 (1st Cir. 1994)

SYNOPSIS: Appellant laboratory sought review of an order of the United States District Court for the District of Massachusetts, which denied its motion asking the lower court to dismiss appellee parents' tort action seeking damages for loss of consortium and companionship of their daughter. Appellant argued that the National Childhood Vaccine Injury Act, 42 U.S.C.S. §§ 300aa-1 to 300aa-34, barred appellees' tort action.

OVERVIEW: Shortly after their daughter contracted polio from a polio vaccination, appellee parents petitioned the Vaccine Court for compensation, pursuant to the National Childhood Vaccine Injury Act (Act), 42 U.S.C.S. §§ 300aa-1 to 300aa-34. Although their daughter was ultimately awarded damages from the Vaccine Court, appellees also brought their own tort action against appellant laboratory seeking damages for loss of their daughter's companionship and consortium. The lower court denied appellant's subsequent motion to dismiss appellees' tort action.

ARGUMENT:
Appellant argued that appellees' tort action was barred under the Act where their daughter had accepted an award from the Vaccine Court.

HOLDING:
The court held that the Act did not bar family members of individuals who had accepted an award under the Act's compensation procedures from bringing their own tort actions to obtain compensation for their own related injuries, such as loss of companionship or consortium. Therefore, the court affirmed the order refusing to dismiss appellees' complaint.

RULE:
The National Childhood Vaccine Injury Act prohibits: compensation for other than the health, education, or welfare of the person who suffered the vaccine-related injury with respect to which the compensation is paid.

OUTCOME: The court affirmed the order refusing to dismiss appellee parents' tort complaint against appellant laboratory, holding that the National Childhood Vaccine Injury Act (Act) did not bar family members of individuals who had accepted an award under the Act's compensation procedures from bringing their own tort actions to obtain compensation for their own related injuries, such as loss of companionship or consortium.

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