Legal Opinion
Margaret Whitecotton, by Her Next Friends, Kay Whitecotton and Michael Whitecotton v. Secretary of Department of Health and Human Services
Court of Appeals for the Federal Circuit
Decided April 29, 1994No. 92-5083, 93-5101PublishedCited by 65 opinions
1Opinion of the Court
MAYER, Circuit Judge.
Kay and Michael Whitecotton appeal the judgment of the United States Court of Federal Claims, 1 No. 90-692V (Jan. 14, 1992), upholding the special master’s denial of their petition under the National Childhood Vaccine Injury Act of 1986. The Whitecottons also appeal the January 7, 1993, order of the Court of Federal Claims denying their motion for relief based on newly discovered evidence. We reverse and remand.
Background
Margaret Whitecotton (Maggie) was born without complications on April 22, 1975. Maggie was a small child — her head circumference at birth was 12.5…
2Cases cited3 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- The Ad Hoc Committee of Az-Nm-Tx-Fl Producers of Gray Portland Cement v. The United States, Cemex S.A., and Apasco, S.A. De C.V.Court of Appeals for the Federal Circuit · 1994
- Gary Koston, as the Legal Representative of His Daughter, Jenna Koston v. Secretary, Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1992
3Cited by65 opinions
- Debra Ann Knudsen, by Her Parents and Legal Guardians, Doris P. Knudsen and Dale Knudsen v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1994
- Broekelschen v. Secretary of Health & Human ServicesCourt of Appeals for the Federal Circuit · 2010
- Hanlon v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 1998
- Walther v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2007
- Shalala v. WhitecottonSupreme Court of the United States · 1995
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