Legal Opinion

Amendola v. Secretary of the Department of Health & Human Services

United States Court of Claims

Decided July 16, 1991No. 90-766VPublishedCited by 6 opinions

1Opinion of the Court

OPINION

NETTESHEIM, Judge.

This case is before the court on petitioners’ motion for review of a special master’s dismissal of their petition for compensation brought under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l—300aa-34 (1988), as amended by several public laws codified in 42 U.S.C.A. §§ 300aa-l—300aa-34 (West Supp.1991) (“the Act”). The issue for decision is whether petitioners’ action is barred for failure to dismiss a state court malpractice suit that was pending at the time the Act became effective and that proceeded to judgment against petitioners before…

2Cases cited19 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  3. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  4. Richards v. United StatesSupreme Court of the United States · 1962
  5. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989

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3Cited by6 opinions

  1. Barbara Amendola and Warren Amendola, as Parents and Guardians of Christopher Amendola v. Secretary, Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1993
  2. Lewis v. Secretary of Department of Health & Human ServicesUnited States Court of Claims · 1992
  3. Schumacher v. Secretary of Dept. of Health & Human ServicesUnited States Court of Claims · 1992
  4. Evans v. Lederle LaboratoriesDistrict Court, C.D. Illinois · 1995
  5. Schindler v. Secretary of the Department of Health & Human ServicesUnited States Court of Federal Claims · 1993

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