Hoffman v. United States Department of Health and Human Services

Background

Kristin Hoffman, who represented herself, sued the United States Department of Health and Human Services and four other federal agencies, along with 100 unnamed defendants. She alleged that the agencies funded medical experimentation that caused injuries to her infant son. According to the complaint, the son received four doses of a Hepatitis B vaccine, and laboratory testing two months after the fourth dose showed that he was neutropenic. Hoffman sought recovery for harm suffered by her and her son.

Hoffman asserted one cause of action for fraud. She cited 18 U.S.C. § 1341 and the National Childhood Vaccine Injury Act. The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), which addresses subject-matter jurisdiction. The court also evaluated arguments under Rule 12(b)(6), which permits dismissal when a complaint does not state a legally sufficient claim. For purposes of the motion, the court accepted the complaint's factual allegations as true, but it did not have to accept conclusory allegations or unreasonable factual inferences.

Court's Analysis

Mail-Fraud Statute

The court held that 18 U.S.C. § 1341 imposes criminal liability and does not create a private right of action. Because the statute does not provide a way for Hoffman to bring a civil claim, the court dismissed the claim under that statute. The court did not permit amendment of this claim because Hoffman could not correct the legal defect by adding facts.

Vaccine Act Claim

The court explained that the Vaccine Act requires a person seeking compensation for a vaccine-related injury to first bring the claim in the Federal Court of Claims. Only after rejecting that court's judgment may the person pursue the claim in state or federal court. Hoffman did not allege that she had first pursued relief in the Federal Court of Claims. The court therefore dismissed the Vaccine Act claim as premature, but allowed amendment because it was possible that Hoffman had already pursued such relief and simply had not alleged it in her complaint.

General Fraud Claim

To the extent Hoffman asserted a general fraud claim outside the two cited statutes, the court held that it could not proceed. The Federal Tort Claims Act is the statute under which tort liability could be asserted against the federal government, but the court identified three problems with Hoffman's proposed claim. First, federal agencies are not proper defendants in a Federal Tort Claims Act action; the United States is the only proper defendant. Second, the Act bars fraud claims against the United States. Third, the Act requires exhaustion of administrative remedies before filing suit, and Hoffman had not alleged that she had exhausted those remedies.

Because the court concluded that the law barred the general fraud claim, it dismissed that claim without leave to amend. The court also allowed Hoffman to amend to assert any other claim that she believed in good faith she could bring against the defendants.

Disposition

Judge Susan Van Keulen granted the defendants' motion to dismiss and dismissed all of Hoffman's claims with limited leave to amend. Specifically, the court dismissed the claim under 18 U.S.C. § 1341 without leave to amend, dismissed the Vaccine Act claim with leave to amend, and dismissed the general fraud claim without leave to amend. Hoffman was required to file an amended complaint by July 12, 2024. The court stated that it would dismiss the action if she did not meet that deadline. Because the complaint was dismissed, the court terminated Hoffman's pending motion for summary judgment as moot.