Aull v. Secretary of Health & Human Services

OPINION

BRUGGINK, Judge.

This case concerns a petition for vaccine compensation brought under the National Childhood Vaccine Injury Act of 1986 (“NCVIA” or “the Act”), 42 U.S.C. §§ 300aa-10 to -34 (2000). Before the court is petitioners’ motion for review of the Special Master’s decision to dismiss for lack of jurisdiction. The Special Master concluded that the pendency in state court of a claim against the administering physician for wrongful death bars the proceeding here. The matter has been fully briefed. Oral argument was held on March 10, 2005. While we reject the Special Master’s…