Hillary Goodwin v. HHS - DPT/DTP, residual seizure disorder and death (1992)

Hillary Goodwin, a minor child, received a DPT vaccination on June 30, 1981. Her parents, Dan and Valerie Goodwin, allege that this vaccination caused a residual seizure disorder and her death on April 20, 1989.

The parents initially filed a civil action in state court on May 4, 1988, against the vaccine manufacturer and administrator. This state action was dismissed on September 18, 1990, with an order that included costs taxed against the defendants.

On October 1, 1990, the parents filed a petition in the Court of Federal Claims under the National Childhood Vaccine Injury Act of 1986. The special master dismissed the case, finding that the prior state action's dismissal with costs violated the Act's jurisdictional requirement of dismissal without prejudice or costs.

The court reviewed this decision, finding that the special master's interpretation was erroneous as a matter of law. The court reasoned that the Act's purpose was to prevent double recovery and that an award of costs, which was a legal nullity under Texas law and never collected, did not constitute such a recovery.

Furthermore, the state court later amended the dismissal order nunc pro tunc to be without prejudice or costs. The court set aside the special master's decision and remanded the case for consideration of the claim on its merits.

The court noted that the specific type of dismissal with costs upon voluntary dismissal was not recognized under Texas law and that the subsequent amendment corrected the dismissal to be without prejudice or costs. The court also considered that section 300aa-11(a)(7) of the Act prohibits claims if damages are awarded in a prior civil action, but does not mention costs.

The court concluded that the award of costs was a legal nullity and did not present a jurisdictional impediment. The decision was issued by Judge Nettlesheim.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The names of the attorneys involved are not specified in the provided text.