Conway, Homer & Chin-Caplan, P.C.
16 Shawmut Street
Boston, MA 02116
Phone: 617-695-1990
Fax: 617-695-0880
Specializing in vaccine injury litigation
CHCC Decision Database - Detail & Summary Screen

Dory Zatuchni, Executrix of the Estate of E. Barbara Synder, deceased v. Sec'y of HHS
In 1994, Barbara Snyder filed a claim alleging a rubella vaccine caused her to suffer chronic arthralgia (joint pain) and fibromyalgia. Barbara died on April 28, 2005 before a decision. On May 6, 2005, eight (8) days after Barbara's death, a special master issued a decision denying her claim. Conway, Homer & Chin-Caplan appealed the case on behalf of her estate. On February 9, 2006, Judge Thomas Wheeler of the U.S. Court of Federal Claims reversed the special master's decision, based upon the opinions of Barbara's treating doctors contained in her medical records. He ruled that Barbara's estate was entitled to compensation for Barbara's medical expenses, lost earnings, and pain and suffering. Judge Wheeler sent the case back to the special master to calculate compensation for these items. He also directed the special master to determine if Barbara's death was so due to the vaccine, thereby entitling the estate to the statutory $250,000 death benefit. The special master then determined that Barbara suffered damages of $554, 323 during her life time for lost earnings, medical expenses, and pain and suffering. He also decided that Barbara's death was due to the vaccine, but that the estate was only entitled to the $250,000 death benefit (not the additional $ 554,323 in "living" damages). Once again, the case was appealed to Judge Wheeler, who awarded the estate the entire $804,323. The government appealed the Federal Circuit Court of Appeals. On February 12, 2008, fourteen (14 years) after the petition was filed, the Court of Appeals ruled that the "plain language" of the Vaccine Act says that the estate is entitled to the full $804,323.
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Conway, Homer & Chin-Caplan
16 Shawmut Street
Boston, MA 02116
Phone: 617-695-1990
Fax: 617-695-0880

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