Legal Opinion
Day v. Secretary of Health and Human Services
United States Court of Federal Claims
Decided December 7, 2016No. 12-630VPublishedCited by 2 opinions
1Opinion of the Court
Vaccine Act, 42 U.S.C. §§ 300aa-12, 300aa-15, 300aa-21; interim damages award upheld; cap on actual pain and suffering; election to accept damages; extreme financial hardship; Dictionary Act, 1 U.S.C. § 1.
ORDER
WOLSKI, Judge.
In this matter, it is not disputed that the petitioners are entitled to compensation due to the vaccine injury suffered by their daughter, B.K.D. Nor does the Secretary of Health and Human Services challenge the amount of compensation awarded by the Chief Special Master in the decision under review, the $250,000 maximum for the pain and suffering already inflicted upon…
2Cases cited8 opinions
- Rumsfeld v. PadillaSupreme Court of the United States · 2004
- Avera v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
- Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
- Burwell v. Hobby Lobby Stores, Inc.Supreme Court of the United States · 2014
- Shaw v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2010
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3Cited by2 opinions
- Doles v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2023
- Schettl v. Secretary of Health and Human ServicesUnited States Court of Federal Claims · 2020