Schafer v. American Cyanamid Co.
United States Court of Appeals for the First Circuit
20 F.3d 1 (1994)
Lenita Schafer allegedly contracted polio from the oral vaccine given to her daughter Melissa, and Lenita, Melissa, and Lenita's husband Mark (plaintiffs) initially filed petitions with the Vaccine Court under the National Childhood Vaccine Injury Act (the Act), which bars a person who accepts a Vaccine Court award from later suing in state tort court. Lenita accepted a $750,000 Vaccine Court award for her own injuries, but Mark and Melissa withdrew their own petitions and instead sued American Cyanamid Company (American Cyanamid) (defendant), the vaccine's distributor, in federal court under Massachusetts tort law for loss of Lenita's companionship and consortium; American Cyanamid moved to dismiss, arguing Lenita's award barred any related family tort suit, and the district court denied the motion.
Whether the provisions of the National Childhood Vaccine Injury Act bar family members of the injured victim from filing suit in state court to recover damages pursuant to state tort law.