Sebelius v. Cloer
Sebelius v. Cloer
Opinion
*371
The National Childhood Vaccine Injury Act of 1986 (NCVIA or Act),
I
A
The NCVIA "establishes a no-fault compensation program 'designed to work faster and with greater ease than the civil tort system.' "
Bruesewitz v. Wyeth LLC,
562 U.S. ----, ----,
*1891
The compensation program's procedures are straightforward. First, "[a] proceeding for compensation under the Program for a vaccine-related injury or death shall be initiated by service upon the Secretary [for the Department of Health and Human Services] and the filing of a petition containing the matter prescribed by subsection (c) of this section with the United States Court of Federal Claims." 42 U.S.C. § 300aa-11(a)(1). Subsection (c) provides in relevant part that a petition must include "an affidavit, and supporting documentation, demonstrating that the person who suffered such injury" was actually vaccinated and suffered an injury. § 300aa-11(c)(1). Next, upon receipt of an NCVIA petition, "[t]he clerk of the United States Court of Federal Claims shall immediately forward the filed petition to the chief special master for assignment to a special master." § 300aa-11(a)(1). This special master then "makes an informal adjudication of the petition."
Bruesewitz,
562 U.S., at ----,
The Act also includes an unusual scheme for compensating attorneys who work on NCVIA petitions. See § 300aa-15(e).
1
"No attorney may charge any fee for services in connection with a petition filed under section 300aa-11 of this title." § 300aa-15(e)(3).
2
But a court may award attorney's fees in certain circumstances. In the case of successful petitions, the award of attorney's fees is automatic. § 300aa-15(e)(1) ("In awarding compensation on a petition filed under section 300aa-11 of this title the special master or court shall also award as part of such compensation an amount to cover ... reasonable attorneys' fees, and ... other costs"). For unsuccessful petitions, "the special master or court may
*374
award an amount of compensation to cover petitioner's reasonable attorneys' fees and other costs incurred in any proceeding on such petition if the special master or court determines that the petition was brought in good faith and there was a reasonable basis for the claim for which the petition was brought."
B
Respondent, Dr. Melissa Cloer, received three Hepatitis-B immunizations from September 1996 to April 1997. Shortly after receiving the third vaccine, Dr. Cloer began to experience numbness and strange sensations in her left forearm and hand. She sought treatment in 1998 and 1999, but the diagnoses she received were inconclusive. By then, Dr. Cloer was experiencing numbness in her face, arms, and legs, and she had difficulty walking. She intermittently suffered these symptoms until 2003, when she began to experience the full manifestations of, and was eventually diagnosed with, multiple sclerosis (MS). In 2004, Dr. Cloer became aware of a link between MS and the Hepatitis-B vaccine, and in September 2005, she filed a claim for compensation under the NCVIA, alleging that the vaccinations she received had caused or exacerbated her MS.
Dr. Cloer's petition was sent by the clerk of the Court of Federal Claims to the Chief Special Master, who went on to adjudicate it. After reviewing the petition and its supporting documentation, the Chief Special Master concluded that Dr. Cloer's claim was untimely because the Act's 36-month limitations period began to run when she first experienced the symptoms of MS in 1997.
Cloer v. Secretary of Dept. of Health and Human Servs.,
No. 05-1002V,
The en banc court then reversed the panel's decision,
Cloer v. Secretary of Health and Human Servs.,
Following this decision, Dr. Cloer moved for an award of attorney's fees. The en banc Federal Circuit agreed with her that a person who files an untimely NCVIA petition "assert[ing] a reasonable limitations argument" may recover fees and costs so long as " 'the petition was brought in good faith and there was a reasonable basis for the claim for which the petition was brought.' "
*1893 II
A
*376
As in any statutory construction case, "[w]e start, of course, with the statutory text," and proceed from the understanding that " [u]nless otherwise defined, statutory terms are generally interpreted in accordance with their ordinary meaning."
BP America Production Co. v. Burton,
Nothing in these two provisions suggests that the reason for the subsequent dismissal of a petition, such as its untimeliness, nullifies the initial filing of that petition. We have explained that "[a]n application is 'filed,' as that term is commonly understood, when it is delivered to, and accepted by, the appropriate court officer for placement into the official record."
Artuz v. Bennett,
The Government argues that the Act's limitations provision, which states that "no petition may be filed for compensation" 36 months after a claimant's initial symptoms began, § 300aa-16(a)(2), constitutes "a statutory prerequisite to the filing of a petition 'for compensation under the Program,' " Brief for Petitioner 16. Thus, the Government contends, a petition that fails to comply with these time limits is not "a petition filed under section 300aa-11" and is therefore ineligible for fees under § 300aa-15(e)(1). See
The Government's argument lacks textual support. First, as noted, there is no cross-reference to the Act's limitations provision in its fees provision, § 300aa-15(e), or the other section it references, § 300aa-11(a)(1). When these two linked sections are read in tandem they simply indicate that petitions filed with the clerk of the court are eligible for attorney's fees so long as they comply with the other requirements of the Act's fees provision. By its terms, the NCVIA requires nothing more for the award of attorney's fees. A
*1894
petition filed in violation of the limitations period will not result in the payment of compensation, of course, but it is still a petition filed under § 300aa-11(a)(1).
4
*378
When the Act does require compliance with the limitations period, it provides so expressly. For example, § 300aa-11(a)(2)(A) prevents claimants from bringing suit against vaccine manufacturers "unless a petition has been filed,
in accordance with section 300aa-16 of this title
[the limitations provision], for compensation under the Program for such injury or death." (Emphasis added.) We have long held that "[w]here Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion."
Bates v. United States,
The Government asks us to adopt a different definition of the term "filed" for a single subsection so that for fees purposes, and only for fees purposes, a petition filed out of time must be treated retroactively as though it was never filed in the first place. Nothing in the text or structure of the statute requires the unusual result the Government asks us to accept. In the NCVIA, the word "filed" carries its common meaning. See
Artuz,
*380
Our "inquiry ceases [in a statutory construction case] if the statutory language is unambiguous and the statutory scheme is coherent and consistent."
Barnhart v. Sigmon Coal Co.,
B
The Government's position is also inconsistent with the goals of the fees provision itself. A stated purpose of the Act's fees scheme was to avoid "limit[ing] petitioners' ability to obtain qualified assistance" by making fees awards available for "non-prevailing, good-faith claims." H.R. Rep., at 22. The Government does not explain why Congress would have intended to discourage counsel from representing petitioners who, because of the difficulty of distinguishing between the initial symptoms of a vaccine-related injury and an unrelated malady, see,
e.g.,
Smith v. Secretary of Dept. of Health and Human Servs.,
No. 02-93V,
III
The Government offers two additional lines of argument for barring the award of attorney's fees for untimely petitions. It first invokes two canons of construction: the canon favoring strict construction of waivers of sovereign immunity and the " 'presumption favoring the retention of long-established and familiar [common-law] principles.' " Brief for Petitioner 32 (quoting
United States v. Texas,
Second, the Government argues that permitting the recovery of attorney's fees for untimely petitions will force special masters to carry out costly and wasteful "shadow trials," with no benefit to claimants, in order to determine whether these late petitions were brought in good faith and with a reasonable basis. We reiterate that "when [a] statute's language is plain, the sole function of the courts-at least where the disposition required by the text is not absurd-is to enforce it according to its terms."
Hartford Underwriters Ins. Co. v. Union Planters Bank, N.A.,
In any event, the Government's fears appear to us exaggerated. Special masters consistently make fee determinations
*382
on the basis of the extensive documentation required by § 300aa-11(c) and included with the petition.
7
Indeed, when adjudicating the timeliness of a petition, the special master may often have to develop a good sense of the merits of a case, and will therefore be able to determine if a reasonable basis exists for the petitioner's claim, including whether there is a good-faith reason for the untimely filing. In this case, for example, the Chief Special Master conducted a "review of the record as a whole," including the medical evidence that would have supported the merits of Dr. Cloer's claim, before determining that her petition was untimely.
Cloer,
The Government also argues that permitting attorney's fees on untimely petitions will lead to the filing of more untimely petitions. But the Government offers no evidence to support its speculation. Additionally, this argument is premised on the assumption that in the pursuit of fees, attorneys will choose to bring claims lacking good faith or a reasonable basis in derogation of their ethical duties. There is no basis for such an assumption. Finally, the special masters have shown themselves more than capable of discerning untimely claims supported by good faith and a reasonable basis from those that are specious. Supra, at 1896.
* * *
We hold that an NCVIA petition found to be untimely may qualify for an award of attorney's fees if it is filed in good faith *1897 and there is a reasonable basis for its claim.
The judgment of the Court of Appeals is affirmed.
It is so ordered.
Justice SCALIA and Justice THOMAS join all but Part II-B of this opinion.
The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States v. Detroit Timber & Lumber Co.,
The relevant paragraph provides:
"(1) In awarding compensation on a petition filed under section 300aa-11 of this title the special master or court shall also award as part of such compensation an amount to cover-
"(A) reasonable attorneys' fees, and
"(B) other costs,
"incurred in any proceeding on such petition. If the judgment of the United States Court of Federal Claims on such a petition does not award compensation, the special master or court may award an amount of compensation to cover petitioner's reasonable attorneys' fees and other costs incurred in any proceeding on such petition if the special master or court determines that the petition was brought in good faith and there was a reasonable basis for the claim for which the petition was brought." § 300aa-15(e).
For simplicity, we refer to attorney's fees and costs as simply attorney's fees.
The en banc dissent reasoned that a dismissal for untimeliness does not constitute a judgment on the merits of a petition. See
The Government suggests that giving the words of their statute their plain meaning would produce incongruous results; notably, it might indicate that "a failure to comply with the limitations provision would not even bar recovery under the Compensation Program itself because 42 U.S.C. 300aa-13 ('Determination of eligibility and compensation') does not expressly cross-reference the limitations provision." Brief for Petitioner 18. The Government's argument assumes that both sections are equivalently affected by absence of a cross-reference. This is incorrect. The Government is right that because "the law typically treats a limitations defense as an affirmative defense,"
John R. Sand & Gravel Co. v. United States,
If the NCVIA's limitations period were jurisdictional, then we might reach a different conclusion because the Chief Special Master would have lacked authority to act on Dr. Cloer's untimely petition in the first place. But the Government chose not to seek certiorari from the Federal Circuit's en banc decision holding that the period is nonjurisdictional, see
Cloer v. Secretary of Health and Human Servs.,
Dr. Cloer's petition was published, and remains, in the Federal Register. See 70 Fed.Reg. 73011, 73014 (2005).
See,
e.g.,
Wells v. Secretary of Dept. of Health and Human Servs.,
Reference
- Full Case Name
- Kathleen SEBELIUS, Secretary of Health and Human Services, Petitioner v. Melissa CLOER.
- Cited By
- 874 cases
- Status
- Published