Holihan v. Secretary of Health & Human Services

OPINION

BUSH, Judge.

INTRODUCTION

This case is before the court on respondent’s motion for review of a special master’s award on a petition for compensation brought under the National Childhood Vaccine Injury Act (Vaccine Act or Act), 42 U.S.C. § 300aa-10 et seq. (1994).1 The issue on review is whether the special master’s legal interpretation of § 15(a)(3)(B), resulting in an award of lost earnings to the vaccinee, was correct as a matter of law.2 For the reasons set forth below, the special master’s decision is reversed.

FACTS

The following facts derive from the special master’s opinion and are…