Schafer v. American Cyanamid Co.

20 F.3d 1 (1994)

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Nature of the Case

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Facts

The National Childhood Vaccine Injury Act provides compensation to those harmed by childhood vaccines outside the framework of traditional tort law. Lenita Schafer's small child, Melissa, received an oral polio vaccine distributed by D. Lenita subsequently contracted polio (she and her family think) from Melissa's vaccine. About one year later, all three members of the Schafer family (Lenita, Melissa, and Lenita's husband, Mark) petitioned the Vaccine Court for compensation. In April 1990, Mark and Melissa (Ps) withdrew their petitions (with permission of the Vaccine Court) and began this lawsuit against D, seeking damages under Massachusetts tort law for loss of Lenita's companionship and consortium. Lenita eventually accepted a $750,000 award from the Vaccine Court for her own injuries, thereby giving up her right to bring a tort action. D asked the district court to dismiss Ps' suit on the ground that Lenita's acceptance of the Vaccine Court award barred not only a later tort action for her own injuries but also a later tort action by family members for related injuries. The district court denied the motion. D appealed.