Alisa Bradley and Ronald Bradley, Parents and Next Friends of Rachel Bradley v. Secretary of the Department of Health and Human Services

I concur in the judgment reached by the majority — “[bjecause the Claims Court correctly concluded that the special master’s decision ... was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, we affirm.” Opinion at 1572. Unfortunately, the explanation the majority gives for how they arrived at that judgment departs from our precedents, creates confusion about our role, and leaves litigants with the unrealistic hope that there is a second bite here at the compensation apple. I respectfully dissent from the majority’s effort at so describing the…