McCulloch v. Sec'y of Health & Human Servs.
Opinion
*999
Rachel McCulloch, acting as guardian on behalf of her daughter A.M., filed a petition for compensation for vaccine-related injuries under the National Childhood Vaccine Injury Act of 1986, codified as amended at 42 U.S.C. §§ 300aa-1 to - 34. After the special master found that A.M.'s injuries justified compensation under § 300aa-15(a),
McCulloch v. Sec'y of Health & Human Servs.
, No. 09-293V,
In June 2017, Ms. McCulloch filed a motion requesting an award of attorneys' fees and costs under § 300aa-15(e)(1). In December 2017, the special master awarded fees and costs, and he included in the award amounts to cover the expenses, under Florida guardianship law, of maintaining the guardianship for A.M. that had to be maintained as a condition of receiving the full payments that were part of the merits judgment.
McCulloch v. Sec'y of Health & Human Servs.
, No. 09-293V,
In this appeal by the government, we agree with the government that the Court of Federal Claims improperly reopened a final merits judgment by awarding money under § 300aa-15(a). We do not decide whether guardianship-maintenance expenses of the sort at issue here could be awarded under § 300aa-15(a). But we conclude that in this case it was appropriate for the special master to award the guardianship-maintenance expenses under § 300aa-15(e) because Ms. McCulloch incurred a continuing liability to pay such expenses as a condition of receiving, for her daughter, the compensation awarded on the merits in this proceeding. Because the government did not seek modification of the form of the special master's award, and the Court of Federal Claims affirmed the special master's award, we affirm the judgment, though on different grounds from those stated by the Court of Federal Claims.
I
A.M. received a vaccine for human papillomavirus in August 2007. Shortly thereafter, she developed autoimmune limbic encephalitis and an intractable seizure disorder, resulting in cognitive impairment. Two years later, on May 11, 2009, Ms. McCulloch filed a petition under the *1000 Vaccine Act on behalf of A.M. On May 22, 2015, the special master found that Ms. McCulloch was entitled to compensation under the statute for A.M.'s injury. Liability Decision , at *1 . The parties then agreed on the amounts and mechanisms of compensation, and the special master accepted the agreement on November 28, 2016. Compensation Decision , at *1.
The merits award represented "compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a)."
On June 2, 2017, Ms. McCulloch timely moved for attorneys' fees and costs under 42 U.S.C. § 300aa-15(e)(1). Along with items not disputed before us, the motion sought to have included in the fees/costs award the expenses of maintaining Ms. McCulloch's guardianship of A.M. under Florida law. It is undisputed before us that Florida law requires preparation of an annual guardianship plan,
The government appealed the fees/costs award to the Court of Federal Claims, challenging only inclusion of the guardianship-maintenance expenses, not any other aspect of the award. The Court of Federal Claims ruled that such expenses were not properly awardable under the fees/costs provision of the Vaccine Act, 42 U.S.C. § 300aa-15(e).
CFC Decision
,
The government timely appealed. We have jurisdiction under 42 U.S.C. § 300aa-12(f) and
II
The Court of Federal Claims lacked jurisdiction to grant Ms. McCulloch the guardianship fees under § 300aa-15(a). Based on the parties' agreement about the compensation that would be awarded under
*1001
§ 300aa-15(a), the special master rendered his decision on November 28, 2016. When the parties filed a notice that no appeal would be taken, judgment was entered on that decision on December 7, 2016. Given the parties' agreement that this award constituted "compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a),"
Compensation Decision
, at *1, the award was not an interim award that could later be supplemented.
See
Lerwick v. Sec'y of Health & Human Servs.
, No. 06-847V,
The statute permits only 30 days to seek review of the special master's decision in the Court of Federal Claims, 42 U.S.C. § 300aa-12(e)(1), and we have treated the 30-day period as "jurisdictional,"
Widdoss v. Sec'y of Dep't of Health & Human Servs.
,
In the Court of Federal Claims, as in district courts, the governing procedural rules provide in certain circumstances for "relief from a final judgment [or] order"-specifically, based on mistake, newly discovered evidence, fraud, void judgments, satisfied judgments, or "any other reason that justifies relief." Ct. Fed. Cl. R. 60(b). But that authorization does not apply here.
The Supreme Court has held that Rule 60(b) is not a substitute for a timely appeal.
United Student Aid Funds, Inc. v. Espinosa
,
This case is not like
Patton
, where the special master deferred granting pain-and-suffering damages until the attorneys' fees proceeding and then did not include them when ruling on the motion for attorneys' fees.
Because we have determined that the Court of Federal Claims lacked jurisdiction to consider awarding expenses for maintaining a guardianship under § 300aa-15(a), we do not reach the issue of the availability of that subsection to award such expenses. Not reaching the merits of the § 300aa-15(a) issue, we indicate neither agreement nor disagreement with the conclusions of the Court of Federal Claims regarding the types of expenses covered by § 300aa-15(a). This court's review of whether § 300aa-15(a) permits compensation for the types of guardianship-maintenance expenses at issue here will have to await another case.
III
The remaining issue in this case is whether the special master was correct in holding that the guardianship-maintenance expenses at issue were properly awardable under § 300aa-15(e)(1). We conclude that he was. 1
The subsection embraces "reasonable attorneys' fees" and "other costs" "incurred in any proceeding on [the Vaccine Act] petition." 42 U.S.C. § 300aa-15(e)(1). The government does not take a narrow view of "reasonable attorneys' fees" or "other costs"; for example, it acknowledges that the phrases cover expert fees, which have long been awarded under the provision. Oral Arg. at 7:33-43. In particular, the government does not dispute that the guardianship-maintenance expenses fall within "other costs." Notably, it has not challenged the special master's award of the initial guardianship-registration expenses, needed for initial collection of amounts under the merits judgment, as within § 300aa-15(e)(1). J.A. 59, 61-62, 105.
Rather, the government focuses entirely on the "incurred in" language. Even as to that language, the government makes no argument that the expense at issue must be solely attributable to the Vaccine Act proceeding; again, the government did not object to inclusion of the expense of initially establishing a guardianship under Florida law, whose purpose presumably was not limited to the Vaccine Act proceeding. The government's only argument is a time-related one: it argues that "incurred in" excludes future payments for guardianship-maintenance expenses simply because they are not yet due to be made. We disagree.
We follow the government part of the way in its analysis. The government relies on this court's decision in
Black v. Secretary of Health and Human Services
,
Black
explains that "[i]n ordinary usage, ... to 'incur' expenses means to pay
or become liable for
them."
The compensation-providing judgment limits future payments "to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)."
Compensation Decision
, at *4. To carry out that judgment for the benefit of A.M., Ms. McCulloch had to establish, and she or a successor had to maintain, a guardianship in order to receive the payments for the care of A.M., including the annuity payments over the course of many years into the future. The underlying government proffer, agreed to by the parties, recognized that Ms. McCulloch had been appointed as a guardian under the law of Florida, where the family lived. The current liability for such guardian-maintenance expenses as relevant law required into the future matched, and was the counterpart to, the current right to receive payments into the future. This situation differs from a situation, discussed in
Ex rel.
Crespo v. Secretary of Health and Human Services
,
Accordingly, we agree with the special master that these expenses come within § 300aa-15(e)(1). We note that the special master's order permits the government either to pay a lump sum or to buy an annuity to fund the guardianship-maintenance expenses. J.A. 26. That order leaves the possibility of overpayment insofar as it does not expressly provide for cessation of government payments if, for example, a relocation out of Florida leads to a guardianship in another State whose law does not impose comparable maintenance expenses. But the government in this case made only its more categorical statutory *1004 arguments against award of guardianship-maintenance expenses; it did not more narrowly seek a modification of the special master's order to allow for such cessation. In this circumstance, we affirm the judgment of the Court of Federal Claims, which affirmed the special master's order.
IV
For the reasons stated in this opinion, we affirm the judgment of the Court of Federal Claims.
AFFIRMED.
In so ruling, we do not decide that such expenses are not awardable under § 300aa-15(a). We decide neither the scope of § 300aa-15(a) on its own terms nor whether that subsection reaches certain expenses that also fit, in the alternative, under § 300aa-15(e).
Reference
- Full Case Name
- Rachel MCCULLOCH, as Parent and Legal Guardian of A.M., Petitioner-Appellee v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellant
- Cited By
- 14 cases
- Status
- Published