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Goetz v. Wyeth-Lederle Vaccines
Citations: 608 S.E.2d 810; 168 N.C. App. 712; 2005 N.C. App. LEXIS 448Docket: COA04-387
Court: Court of Appeals of North Carolina; March 1, 2005; North Carolina; State Appellate Court
Andrew Goetz and Catherine Goetz, acting as personal representatives for their minor child Hayden L. Goetz, appealed a decision from the North Carolina Industrial Commission that denied their claim for damages under the North Carolina Childhood Vaccine-Related Injury Compensation Program. Hayden, born on May 14, 1993, received three doses of the diphtheria/pertussis/tetanus vaccine manufactured by Wyeth-Lederle. Following the vaccinations, he experienced high fevers and significant behavioral changes, including lethargy and developmental delays. By July 1996, a pediatric neurologist diagnosed him with static encephalopathy and some degree of mental retardation of unknown origin. Claimants initially filed a claim under the National Vaccine Injury Compensation Program in March 1999, but it was dismissed in January 2001 due to a statute of limitations issue. Subsequently, they pursued a claim under the North Carolina program, which was denied by a deputy commissioner in March 2003. After appealing to the full Commission, a panel of two commissioners, following the recusal of a third, upheld the denial in November 2003. The North Carolina Childhood Vaccine-Related Injury Compensation Program, effective October 1, 1986, aims to provide compensation for children injured by vaccinations, addressing deficiencies in the civil tort system and ensuring the viability of vaccine manufacturers. The Commission is authorized to adjudicate all claims filed under this program. The appellate court vacated the Commission's decision and remanded the case for further proceedings. A claim can be filed with the Commission only after the claimant has exhausted remedies under the National Vaccine Injury Compensation Program or other federal laws. The rights and remedies under the vaccine injury act are exclusive, but claimants can still file civil actions against vaccine manufacturers for damages not barred by federal law. Upon filing, the Commission conducts a hearing to determine if the claimant sustained a vaccine-related injury. If so, compensation not exceeding $300,000 must be awarded, along with additional services. Appeals to the Commission must be made within fifteen days of the decision, and further appeals to the court for legal errors can be made within thirty days. Claimants argued that the statute requires the entire seven-member Commission to hear appeals, but they failed to preserve this issue for appellate review as they did not object to the composition of the panel during the hearing. The requirement for a full commission is interpreted as a panel of three commissioners, consistent with precedents from the Worker's Compensation Act. The review of the claimants' appeal by only two commissioners was found to violate the statutory requirement for a full commission hearing, rendering the decision invalid. Consequently, the Commission's decision was vacated and remanded for a new hearing, with no need to address additional errors raised by the claimants. Judges HUNTER and LEVINSON concurred.