Legal Opinion

Joseph Osler Brice and Laurajean Councill Brice, on Behalf of Their Son, Joseph Tilghman Brice v. Secretary of Health and Human Services

Court of Appeals for the Federal Circuit

Decided February 23, 2001No. 99-5144PublishedCited by 65 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge DYK. Dissenting Opinion filed by Circuit Judge NEWMAN.

DECISION

DYK, Circuit Judge.

In Weddel v. Secretary of Health and Human Services, 100 F.3d 929 (Fed.Cir.1996), this court held that equitable tolling of the limitations period was not available for claims arising under section 16(a)(1) of the National Childhood Vaccine Injury Act of 1986 (“Act”), 42 U.S.C. §§ 300aa-l et seq., which applies to vaccines administered prior to the effective date of the Act (“pre-Act cases”). This case presents the *1368question whether equitable tolling is available for…

2Cases cited14 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. Brown v. AllenSupreme Court of the United States · 1953
  3. Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
  4. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  5. United States v. BeggerlySupreme Court of the United States · 1998

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3Cited by65 opinions

  1. Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
  2. Sebelius v. CloerSupreme Court of the United States · 2013
  3. Chuisano v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2014
  4. Chung v. U.S. Department of JusticeCourt of Appeals for the D.C. Circuit · 2003
  5. Cloer v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2011

60 more not listed; retrieve them via the Exa API.

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