U.S. Court of Federal Claims Opinions
Updated: 7 hours 15 min ago
Autism; Attorneys’ Fees and Costs. Signed by Special Master Vowell.
Petition for Review; National Vaccine Injury Act; 42 U.S.C. § 300aa-12(e); 42 U.S.C. § 300aa-15(e); 42 U.S.C. § 300aa-21(a); 42 U.S.C. § 300aa-12(d); Interim Fee Award; Reasonable Basis for Vaccine Act Claim for Compensation.. Signed by Judge Williams.
National Vaccine Injury Compensation Program; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; DTaP vaccine; SCN1A genetic mutation; Dravet’s Syndrome; alternative causation; sole substantial factor unrelated to the vaccine; Restatement (Second) of Torts; Althen v. Secretary of Health & Human Services, 418 F.3d 1274 (Fed. Cir. 2005); Shyface v. Secretary of Health & Human Services, 165 F.3d 1344 (Fed. Cir. 1999).. Signed by Judge G. Miller.
Autism; Failure to Prosecute; Failure to Follow Court Orders; Dismissal. Signed by Special Master Hastings.
Motion to dismiss; motion for summary judgment; six-month durational requirement; mootness; capable of repetition yet evading review; justiciability; jurisdiction;
cure defective petition. Signed by Special Master Lord.
Motion to dismiss; motion for summary judgment; statute of limitations; equitable tolling; date of onset; manifestation of symptoms. Signed by Special Master Lord.
Entitlement; Acute Disseminating Encephalomyelitis; Tdap vaccine; Meningococcal vaccine. Signed by Special Master Lord.
Motion to Compel; Seeking Compliance with Subpoena for Medical Records; Records Not Necessary for Claim Evaluation. Signed by Special Master Campbell-Smith.
Attorneys’ Fees & Costs Decision; Reasonable Hours Expended; Travel Time; Reasonable Guardianship Costs; Block Billing. Signed by Special Master Millman.
Motion to Dismiss; Human Papillomavirus Vaccine; Alleged In Utero Injury. Signed by Special Master Campbell-Smith.
Vaccine case; Petition for mandamus to review order by special master denying discovery; Availability of mandamus to review discovery orders; Petition denied.. Signed by Judge Allegra.
Attorneys' Fees and Costs; Varicella Vaccination; Seizure Disorder; Reasonable Basis for Claim. Signed by Special Master Campbell-Smith.
Vaccine case; off-Table claim stemming from neurological damage allegedly caused or aggravated by administration of MMR, varicella, and Prevnar vaccines to a child with a genetic mitochrondrial defect; differentiation of claims asserting an aggravation of a pre-existing condition from claims asserting the manifestation of a new injury; Althen causation framework; propriety of admitting trial testimony from an unrelated vaccine case. Signed by Judge Lettow.
Damages, quantifying emotional distress endured before death. Signed by Special Master Moran.
hepatitis B vaccine, transverse myelitis, one day onset. Signed by Special Master Moran.
Attorneys' fees, reasonable basis, vaccine not covered. Signed by Special Master Moran.
Damages, Zatuchni, wrongful death claim distinguished from survival of a claim for injuries death, extent of injury claim, whether parents of deceased child may recover for her lost earning capacity. Signed by Special Master Moran.
Autism; Withdraw of Counsel. Signed by Special Master Vowell.
Attorneys’ Fees & Costs Decision; Reasonable Hours Expended; Guardianship Costs. Signed by Special Master Millman.
Denial; Diphtheria-tetanus-acellular pertussis, DTaP; Hemophilus influenzae type B, HIB; Hepatitis B, Hep B; Pneumococcal; Death; Cytokine storm or abnormal cytokine response; SIDS; Positional asphyxia. Signed by Special Master Golkiewicz.